R-15-98 03/16/98RESOLUTION R -15 -98
RESOLUTION APPROVING EXECUTION OF A GRANT AGREEMENT BETWEEN
DEPARTMENT OF NATURAL RESOURCES AND VILLAGE OF LEMONT
FOR CONSTRUCTION OF A PEDESTRIAN BRIDGE
OVER THE I & M CANAL
WHEREAS, the Village of Lemont is home to the Historic Illinois & Michigan Canal; and
WHEREAS, the Village has completed planning efforts to increase accessibility and public
usage of the Illinois & Michigan Canal through improvements to the I &M Canal Trail and General
Fry's Landing; and
WHEREAS, the construction of a footbridge from Lemont Street to Gen. Fry's Landing has
been a long -time goal of the Village to increase accessibility and foster use of the canal; and
WHEREAS, the Village of Lemont has received funding in the amount of $150,000 from
the Illinois Department of Natural Resources for the completion of this footbridge; and
WHEREAS, execution of a project agreement with the Department of Natural Resources
is necessary for the commencement of this improvement.
NOW THEREFORE BE IT RESOLVED that the attached Grant Agreement between the
Department of Natural Resources and the Village of Lemont be executed by the Village President
and Village Clerk.
PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF LEMONT, COUNTIES OF COOK, WILL, AND DU PAGE, ILLINOIS,
on this 16th day of March , 1998.
Barbara Buschman
Keith Latz
Connie Markiewicz
Richard Rimbo
Ralph Schobert
Mary Studebaker
AYES NAYS PASSED ABSENT
ARLENE SMOLLEN, Village Clerk
Approved by me this 16th day of March
CHARLENE SMOLLEN, Village Clerk
A. KWASN , Village President
Contract No.98 -GA16
GRANT AGREEMENT
BETWEEN THE
DEPARTMENT OF NATURAL RESOURCES
AND THE
Village of Lemont
This Grant agreement, made and entered this day ofd kk1998 between the State of
Illinois, Department of Natural Resources (DNR , hereinafter referred to as the DNR, and the
Village of Lemont hereinafter referred to as the Village. Witnesseth:
Whereas, pursuant to the authority granted under 20 ILCS 805/63b2.9 which 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 45, Section 90 of Senate Bill 1129 appropriated the sum of $150,000 from the
General Revenue Fund to the DNR for a grant to the Village of Lemont for a foot bridge over the
I &M Canal.
Whereas, the appropriation made under Section 90 of Senate Bill 1129 is made to the DNR to
provide funding to the Village which is subject to the terms and conditions of this agreement as
required pursuant to the Grant Funds Recovery Act (30 ILCS 705/1 et. seq.).
Whereas, funds provided under this agreement shall be used for the public purpose of building
a foot bridge over the I &M Canal 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. GRANT: In accordance with Senate Bill 1129, which was passed by the State of Illinois
General Assembly and signed by Governor Edgar, the DNR awards this grant of $150,000
General Revenue Funds to be used for a foot bridge over the I &M Canal as per documents
provided by the Village to the DNR and attached to this Agreement. (Attachment A).
2. TERMS: In accordance with the expenditure plan outlined in (Attachment A), the term
of this agreement shall be for the period August 12, 1997 to December 31, 1998. 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. GRANT AMOUNT: The amount of this grant is $150,000.
4. DISBURSEMENTS: All funds being disbursed through 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 $25,000; 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.
5. RESPONSIBILITIES 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 reports relating to the disposition of these grant funds
and a status report of the grant project. Identify in the financial report the amount of these
funds expended during the course of the period and the respective purposes for those
expenditures. The report is to be submitted within 30 days after the end of the reporting
periods. The final reporting period is December 31, 1998 . 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 C ).
8. 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 ILLINOIS: The Village shall be governed in all respects by the laws of the
State of Illinois and applicable Federal laws.
10. UNLAWFUL DISCRIMINATION:
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. AUDITS AND RECORDS: 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 grounds 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. 'IIEDNR
is to be notified of any such findings by the Village. Copies of any audits perfonned on the
Village during the period of the grant are to be supplied to the DNR.
13. INDEMNIFICATION: 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. PERMITS, 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 Iimited 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.
RECOMMENDED BY: RECOMMENDED BY:
Ronald C. Hallberg
Chief
Division of Grant Administration
APPROVED BY:
Vi age of Lemont Brent Manning, Director
Department of Natural Resources
Address:
Village of Lemont
418 Main Street
Lemont, IL 60439
Attachments:
A. Scope of Construction Work/Eligible Reimbursable Expenditures
B. Payment Request Certification Form
C. State of Illinois, Grant Contract Certifications
Approved by DNR Legal Counsel October 1997
e 92
ATTACHMENT A
I & M CANAL COMMISSION, VILLAGE OF LEMONT
1 & M CANAL
PROPOSED FOOTBRIDGE DESIGN
Developed by the I & M Canal Commission
December 1996
Location of Footbridge:
At the North end of Lemont Street Across the Canal into General Fry's Landing.
General Design Criteria:
The footbridge will consist of a self- weathering steel, pre - fabricated bridge with a two- diagonal cross -
member design and wooden plank flooring. Light poles will be located at either end of the bridge.
Estimated Costs* for the Bridge are outlined below:
80' Span Bridge, 10' wide $ 34,600.00
Engineering /Design S 5,000.00
Electrical, incl. Tight poles S 7,500.00
Installation (labor & crane) S 20,000.00
Footings S 10,000.00
TOTAL EST. COST S 77,100.00
There is an approximate 8' difference in elevation from the south end of the proposed footbridge
elevation to the north end at General Fry's Landing. Due to the difference in elevation, a ramp down
to the Canal from the end of Lemont Street has been proposed for installation. The proposed design
consists of the construction of a concrete retaining wall (faced with limestone) and limestone walls
along the entire length of the walkway. The combination of the steel bridge and limestone walkway
ramp will be consistent with the general theme that the Village has recently designed into the
downtown area, i.e., Budnik Plaza park. The general design layout of the footbridge has been
developed by Architect and President of the Downtown Lemont, Inc. Design Committee, Mr. Greg
Vavra.
Estimated Costs for Limestone Ramp Walkway:
Concrete Retaining Wall /Footings
Limestone Walls (installed)
S 34, 500.00
S 30,000.00
S 64,500.00
'Cost are conservative estimates provided by selected contractors, subject to final design criteria and competitive bidding.
The I & M Canal Commission is dedicated to the installation of the footbridge at the prescribed
location and believes the proposed design will greatly enhance the downtown area. The Canal is an
integral part of the history of Lemont and believes the footbridge design will amplify the historical
implications created by the Canal's construction.
I & M CANAL COMMISSION
PROPOSED FOOTBRIDGE DESIGN
December 1996
The Commission intends to develop General Fry's Landing into a downtown park/recreational use
area and additionally intends to promote the use of General Fry's Landing by coordinating efforts with
other municipal and local organizations. Typical events intended for scheduling include additional
festivals, concerts, competitions, etc. General Fry's and the proposed footbridge can be an added
attraction to the downtown area and assist in the development of the downtown area as a whole.
The Commission further intends to work with the Village and other local organizations to assist in
the funding of this project. To ease the financial burden of the bridge's construction, the bridge can
be installed in two phases. Phase I would consist of the installation of the bridge itself and Phase
II can incorporate the installation of the limestone ramp /walkway. A temporary walkway would be
proposed until Phase II could be completed.
Enclosure: Footbridge Design Plan Sheet
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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 standards set forth in the grant agreement to
which this request for payment relates, and that the amount shown below on this request is correct
and approved for payment.
Amount of Reimbursement Requested $
Date of Request:
Requested By:
Agency:
Contract #:
FEIN #:
Signature of Authorized Officer
Attach copies of vendor billings, proof of payment, and other necessary documentation.
ATTACHMENT C
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 -827 (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:
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
[ ]Owner of Sole Proprietorship
[ ]Partnership
[ ] Tax - exempt hospital or extended
care facility
[ ] Corporation providing or billing
medical and /or health care services
[ ] Corporation NOT providing or billing
medical and /or health care service
[ ] Governmental Entity
[ ] Nonresident alien individual
[ ] Estate or legal trust
[ ] Foreign corporation, partnership,
estate, or trust
[ ] Other
VI. This certification is required by the Drug Free Workplace 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 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:
(B)
(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.
(3) Notifying the employee that, as a condition of employment on such contract
or 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.
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;
3) any available drug counseling, rehabilitation, and employee assistance
programs;
4) the penalties that may be imposed upon employees for drug violations.
(C) Providing a copy of the statement required by subparagraph (a) to each employee
engaged in the performance of the contract or grant and to post the statement in a
prominent place in the workplace.
(D) Notifying the contracting or granting agency within ten (10) days- after receiving
notice under part (B) of paragraph (3) of subsection (a) above from an employee or
otherwise receiving actual notice of such conviction.
(E) Imposing a sanction on, or requiring the satisfactory participation in a drug abuse
assistance or rehabilitation program by, any employee who is so convicted as
required by section 5 of the Drug Free Workplace Act.
(F) Assisting employees in selecting a course of action in the event drug counseling,
treatment, and rehabilitation is required and indicating that a trained referral team is
in place.
(G) Making a good faith effort to continue to maintain a drug free workplace through
implementation of the Drug Free Workplace Act.
INDIVIDUALS:
If vendor is an individual, or an individual doing business in the form of a sole proprietorship, the
individual certifies that the individual will not engage in the unlawful manufacture, distribution,
dispensation, possession or use of a controlled substance in the performance of the contract Vendor
certifies that it Will not engage in the unlawful manufacture, distribution, dispensation, possession
or use of a controlled substance in the performance of the contract This requirement applies to
contracts of more than $5,000.
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 arrangements, in the provision 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: (I) 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 bids, request for proposals, agreement,
contract amendment, renewal or other similar document to which these certifications are attached.
VENDOR:
BY:
TITLE:
(Revised 9/96)
Approved by DNR Legal Counsel August 1996