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R-53-24 Authorizing the Village's Cost Share for the Section 219VILLAGE Oh WIM NEM-ONI., 418 Main Street I Lemont, IL 60439 TO: Village Board Meeting FROM: Ted Friedley, Public Works THROUGH: SUBJECT: A Resolution Authorizing the Village's Cost Share for the Section 219 Village of Lemont Water Distribution Improvements Project DATE: July 22, 2024 SUMMARY/BACKGROUND The Village of Lemont is working with the U.S. Army Corps of Engineers to complete the Section 219 Village of Lemont Water Distribution Improvements project (Water Street / Peiffer Avenue / Glenys Drive Water Main Replacement). The project will have a 25% Village cost share in the amount of $258,333.00 based on the amount the Army Corps budgeted for this project. This resolution will authorize the Village's cost share. A project partnering agreement is included with the funds request letter. This project will likely complete Walter Street and Peiffer Avenue, but not Glenys due to pricing. If the entire budget is not used, the Village will be reimbursed the portion of the cost share accordingly. ANALYSIS This project is consistent with the 5-year Capital Improvement Plan and is included in the FY25 Budget. Consistency with Village Policy 5-Year Capital Improvement Plan (if applicable) STAFF RECOMMENDATION Pass Resolution Authorizing the Village's cost share for the Section 219 Village of Lemont Water Distribution Improvements Project BOARD ACTION REQUESTED Pass Resolution Authorizing the Village's cost share for the Section 219 Village of Lemont Water Distribution Improvements Project ATTACHMENTS A Resolution Authorizing Village of Lemont's Cost Share for the Section 219 Village of Lemont Water Distribution System Improvements Project.pdf VILLAGE OF LEMONT RESOLUTION NUMBER R-!!�3 -24 A RESOLUTION AUTHORIZING VILLAGE OF LEMONT'S COST SHARE FOR THE SECTION 219 VILLAGE OF LEMONT WATER DISTRIBUTION IMPROVEMENTS PROJECT JOHN EGOFSKE, Village President CHARLENE M. SMOLLEN, Clerk JANELLE KITTRIDGE DAVE MAHER KEN MCCLAFFERTY KEVIN SHA UGHNESSY RICK SNIEGOWSKI RON STAPLETON Trustees Published in pamphlet form by authority of the Village President and Board of Trustees of the Village of Lemont on f-1''��03d RESOLUTION NO. R- 5-b -24 A RESOLUTION AUTHORIZING VILLAGE OF LEMONT'S COST SHARE FOR THE SECTION 219 VILLAGE OF LEMONT WATER DISTRIBUTION IMPROVEMENTS PROJECT WHEREAS, the Village of Lemont, Counties of Cook, Will, and DuPage, Illinois ("the Village") is a municipality in the State of Illinois with full powers to enact ordinances and adopt resolutions for the benefit of residents of the Village; and WHEREAS, the Village wishes to proceed with the Section 219 Village of Lemont Water Distribution Improvements Project ("Project"), with Federal Funding assistance; and WHEREAS, the Village wishes to authorize and confirm the cost sharing required by the Village for the Project as outlined in the letters attached hereto as Exhibit A ("Cost Sharing Letter of Intent") and the ("Project Partnering Agreement") attached hereto as Exhibit B; and WHEREAS, the Mayor and Board of Trustees find that it is in the best interests of the Village to authorize the Cost Sharing Letter of Intent and the Project Partnering Agreement as further outlined below; and NOW, THEREFORE, BE IT RESOLVED by the President and Board of Trustees of the Village of Lemont, Counties of Cook, Will and DuPage, Illinois, as follows: SECTION 1 RECITALS: That the above recitals and legislative Endings are found to be true and correct and are hereby incorporated herein and made a part hereof as if fully set forth in their entirety. SECTION 2: The Mayor and Board of Trustees of the Village of Lemont hereby approve the Cost Sharing Letter of Intent in substantially the same form as attached hereto as Exhibit A and the Project Partnership Agreement attached hereto as Exhibit B, subject to attorney review. SECTION 3: The Mayor and the Clerk are hereby authorized, respectively, to execute and attest such other documents as may be necessary to authorize the project. SECTION 4: This Resolution, and its parts, are declared to be severable and any section, subsection, sentence, clause, provision, or portion of this Resolution that is declared invalid shall not affect the validity of any other portion of this Resolution, which shall remain in full force and effect. SECTION 5: All Ordinances and Resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 6: This Resolution shall be in full force and effect upon its passage, approval and publication as provided by law. PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COUNTIES OF COOK, WILL, AND DUPAGE, ILLINOIS, ON THIS 22 DAY OF 2024. Janelle Kittridge Dave Maher Ken McClafferty Kevin Shaughnessy Rick Sniegowski Ron Stapleton ATTEST: PRESIDENT AND VILLAGE BOARD MEMBERS: AYES: NAYES I.� HltAUN-Ewst R L —4 - ABSENT: ABSTAIN: 00.1 �s JOHN EGOFSKE President ill _�D�S Exhibit A Cost Sharing Letter of Intent DEPARTMENT OF THE ARMY I{- z ''' �! CHICAGO DISTRICT, U.S. ARMY CORPS OF ENGINEERS 231 SOUTH LA SALLE STREET, SUITE 1500 CHICAGO IL 60604 July 12, 2024 Planning, Programs & Project Delivery Division John Egofske Mayor 418 Main Street Lemont, Illinois 60439 Dear Mayor Egofske, I would like to inform you that enclosed to this letter is the signed Project Partnering Agreement (PPA) dated July 12, 2024 between the Department of the Army and the Village of Lemont (Lemont) for Village of Lemont Water Distribution Improvements Project. The project will include construction of approximately 2,100 feet of 8-inch diameter water main. Per this signed PPA Lemont will cost share this project with USACE by providing 25% of the project cost. The 25% amount as stated in the PPA is $258,333. At this time the Department of the Army hereby issues a written request to Lemont for the amount of $258,333. These funds will be used to advertise and award the construction contract to perform the work mentioned above. Please provide the amount requested in the form of electronic fund transfer no later than July 26, 2024. Please use the enclosed electronic fund transfer information to perform this transaction. If you have any questions, please contact me at 312-846-5560 or on my cell 312-860- 0123. Enclosures Sincerelv, by SAMARA.IMA DAMAIRA.IIMAD.1230417250 0 0500'024.07.1215:28:29 D.123041725 .Imad N Samara Project Manager Printed on 0 Recycled Paper Exhibit B Project Partnering Agreement AGREEMENT BETWEEN THE DEPARTMENT OF THE ARMY AND VILLAGE OF LEMONT, ILLINOIS FOR DESIGN AND CONSTRUCTION ASSISTANCE FOR THE LEMONT ILLINOIS WATER DISTRIBUTION IMPROVEMENTS SECTION 219 PROJECT THIS AGREEMENT is entered into this 12 day of July 2024, by and between the Department of the Army (hereinafter the "Government"), represented by the District Commander for Chicago District (hereinafter the "District Commander") and the Village of Lemont, Illinois (hereinafter the "Non -Federal Sponsor"), represented by its Mayor. WITNESSETH, THAT: WHEREAS, the provision of design and construction assistance for the non -Federal project for Lemont Illinois Water Distribution Improvements Section 219 Project at Village of Lemont, Cook County, Illinois was authorized by Section 219(f)(54) of the Water Resources Development Act of 1992, Public Law 102-580, as amended (hereinafter "Section 219"); WHEREAS, the Government will provide design and construction assistance by undertaking increment(s) of work, as defined in Article I.A. of this Agreement; WHEREAS, Section 219(b) specifies applicable cost -sharing requirements; and WHEREAS, the Government and the Non -Federal Sponsor have the full authority and capability to perform in accordance with the terms of this Agreement and acknowledge that this Agreement shall be enforceable in the appropriate district court of the United States. NOW, THEREFORE, the parties agree as follows: ARTICLE I - DEFINITIONS A. The term "increment of work" means design and construction of features, as generally described in a Letter Report, and approved by the District Commander for Chicago District. The initial increment of work consists of improvement of water supply infrastructure within the Village of Lemont, as generally described in the Letter Report for Lemont Illinois Water Distribution Improvements], dated May 2024 and approved by the Acting District Commander for Chicago District on May 9, 2024. Each additional increment of work, if any, will be described in a separate Letter Report, which will specify the amount of Federal funds available for such work. In the event of a conflict between this Agreement and a Letter Report, this Agreement will control. B. The term "HTRW" means hazardous, toxic, and radioactive wastes, which includes any material listed as,a "hazardous substance" (42 U.S.C. 9601(14)) regulated under the Comprehensive Environmental Response, Compensation, and Liability Act (hereinafter "CERCLA") (42 U.S.C. 9601-9675) and any other regulated material in accordance with applicable laws and regulations. C. The term "construction costs" means all costs incurred by the Government and Non - Federal Sponsor in accordance with the terms of this Agreement that are directly related to design and construction of an increment of work and cost shared. The term includes the Government's costs of engineering, design, including preparation of Letter Reports and conducting environmental compliance activities, and construction; the Government's supervision and administration costs; the Non -Federal Sponsor's creditable costs for providing real property interests, relocations, and in -kind contributions, if any; and the costs of historic preservation activities except for data recovery for historic properties, if any. The term does not include any costs for operation and maintenance; HTRW cleanup and response; dispute resolution; participation by the Government and the Non -Federal Sponsor in the Coordination Team to discuss significant issues and actions; audits; betterments; or the Non -Federal Sponsor's cost of negotiating this Agreement. D. The term "real property interests" means lands, easements, and rights -of -way, including those required for relocations and borrow and dredged material placement areas. Acquisition of real property interests may require the performance of relocations. E. The term "relocation" means the provision of a functionally equivalent facility to the owner of a utility, cemetery, highway, railroad, or public facility when such action is required in accordance with applicable legal principles of just compensation. Providing a functionally equivalent facility may include the alteration, lowering, raising, or replacement and attendant demolition of the affected facility or part thereof. F. The term "in -kind contributions" means those services undertaken or materials provided by the Non -Federal Sponsor after the date of approval of the Letter Report for the increment of work that are identified as being integral to the design or construction of that increment of work, and approved in writing, by the Division Commander for Great Lakes and Ohio River Division (hereinafter the "Division Commander"). To be integral, the service or material must be part of work that the Government would otherwise have undertaken for design or construction of that increment of work. The in -kind contributions also include any initial investigations performed by the Non -Federal Sponsor to identify the existence and extent of any HTRW that may exist in, on, or under real property interests required for an increment of work; however, it does not include HTRW cleanup and response. G. The term "betterments" means a difference in design or construction of an increment of work that results from the application of standards that the Government determines exceed those that the Government would otherwise apply to design or construction of that work. H. The term "fiscal year" means one year beginning on October 1" and ending on September 30' of the following year. ARTICLE II - OBLIGATIONS OF THE PARTIES A. In accordance with Federal laws, regulations, and policies, the Government shall design and construct each increment of work using funds appropriated by the Congress and funds provided by the Non -Federal Sponsor. If after completion of the design portion of an increment of work, the parties mutually agree in writing not to proceed with construction of that increment of work, the parties shall conclude their activities relating to that increment of work and proceed to a final accounting in accordance with Article VI.E. In carrying out its obligations under this Agreement, the Non -Federal Sponsor shall comply with all requirements of applicable Federal laws and implementing regulations, including but not limited to, if applicable, Section 601 of the Civil Rights Act of 1964, as amended (42 U.S.C. 2000d), and Department of Defense Directive 5500.11 issued pursuant thereto; the Age Discrimination Act of 1975 (42 U.S.C. 6102); and the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), and Army Regulation 600-7 issued pursuant thereto. B. The amount of Federal funds for each increment of work is limited to the amount identified in the Letter Report for that increment of work, with the Non -Federal Sponsor responsible for all costs in excess of that amount. C. The Non -Federal Sponsor shall contribute for each increment of work at least 25 percent of construction costs, as follows: 1. In accordance with Article III, the Non -Federal Sponsor shall provide the real property interests and relocations required for construction and operation and maintenance of each increment of work. 2. If providing in -kind contributions for an increment of work, the Non -Federal Sponsor shall obtain all applicable licenses and permits necessary for such work. The Non - Federal Sponsor shall begin operation and maintenance as functional portions of such work are completed. Upon completion of the work, the Non -Federal Sponsor shall so notify the Government within 30 calendar days and provide the Government with a copy of as -built drawings for the work. 3. After considering the estimated amount of credit that will be afforded to the Non -Federal Sponsor pursuant to paragraphs C.1. and C.2., above, the Government shall determine the estimated amount of funds required from the Non -Federal Sponsor to meet its minimum 25 percent cost share for the then -current fiscal year. No later than 60 calendar days after receipt of notification from the Government, the Non -Federal Sponsor shall provide the full amount of such required funds to the Government in accordance with Article VI.C. 4. No later than August 1" prior to each subsequent fiscal year, the Government shall provide the Non -Federal Sponsor with a written estimate of the full amount of funds required from the Non -Federal Sponsor during that fiscal year to meet its cost share. No later 3 than September 1" prior to that fiscal year, the Non -Federal Sponsor shall provide the full amount of such required funds to the Government in accordance with Article VI.C. 5. If all Federal funds available for an increment of work will be exhausted prior to completion of such work, the Government shall notify the Non -Federal Sponsor of the full amount of funds required to complete the increment of work, and the Non -Federal Sponsor shall provide the full amount of such required funds to the Government in accordance with Article VI.C. within 60 days of such notification or shall complete such work as in -kind contributions in accordance with paragraph C.2. above. D. To the extent practicable and in accordance with Federal law, regulations, and policies, the Government shall afford the Non -Federal Sponsor the opportunity to review and comment on contract solicitations, including relevant plans and specifications, prior to the Government's issuance of such solicitations; proposed contract modifications, including change orders; and contract claims prior to resolution thereof. Ultimately, the contents of solicitations, award of contracts, execution of contract modifications, and resolution of contract claims shall be exclusively within the control of the Government. E. The Government, as it determines necessary, shall undertake actions associated with historic preservation, including, but not limited to, the identification and treatment of historic properties as those properties are defined in the National Historic Preservation Act of 1966, as amended (54 U.S.C. 300101-307108). All costs incurred by the Government for such work (including the mitigation of adverse effects other than data recovery) shall be included in construction costs and shared in accordance with the provisions of this Agreement. If historic properties are discovered during construction and the effect(s) of construction are determined to be adverse, strategies shall be developed to avoid, minimize, or mitigate these adverse effects. In accordance with 54 U.S.C. 312507, up to 1 percent of the total amount available for each increment of work may be applied toward data recovery of historic properties and such costs shall be borne entirely by the Government. In the event that costs associated with data recovery of historic properties exceed 1 percent of the total amount authorized to be appropriated for each increment of work, in accordance with 54 U.S.C. 312508, the Government will seek a waiver from the 1 percent limitation under 54 U.S.C. 312507 and upon receiving the waiver, will proceed with data recovery at full Federal expense. Nothing in this Agreement shall limit or otherwise prevent the Non -Federal Sponsor from voluntarily contributing costs associated with data recovery that exceed 1 percent. F. When the District Commander determines that construction of an increment of work is complete, the District Commander shall so notify the Non -Federal Sponsor in writing within 30 calendar days of such determination. The Non -Federal Sponsor is responsible for operation and maintenance of such increment of work, at no cost to the Government. The Government shall furnish the Non -Federal Sponsor with a copy of the as -built drawings for the completed work. G. The Non -Federal Sponsor shall not use Federal program funds to meet any of its obligations under this Agreement unless the Federal agency providing the funds verifies in writing that the funds are authorized to be used for the increment of work. Federal program M funds are those funds provided by a Federal agency, plus any non -Federal contribution required as a matching share therefor. H. In addition to the ongoing, regular discussions between the parties, the Government and the Non -Federal Sponsor may establish a Coordination Team to discuss significant issues or actions. Neither the Government's nor the Non -Federal Sponsor's costs for participation on the Coordination Team shall be included in construction costs for cost -sharing purposes. I. The Non -Federal Sponsor may request in writing that the Government perform betterments on the Non -Federal Sponsor's behalf. Each request shall be subject to review and written approval by the Division Commander. If the Government agrees to such request, the Non -Federal Sponsor, in accordance with Article VI.F., must provide funds sufficient to cover the costs of the betterments in advance of the Government performing the work. In addition, the Non -Federal Sponsor is responsible for providing the real property interests and relocations required for construction, operation, and maintenance of such work at no cost to the Government. ARTICLE III - REAL PROPERTY INTERESTS AND RELOCATIONS A. The Government, after consultation with the Non -Federal Sponsor, shall determine the real property interests required for construction, operation, and maintenance of each increment of work. The Government shall provide the Non -Federal Sponsor with general written descriptions, including maps as appropriate, of the real property interests that the Government determines the Non -Federal Sponsor must provide for construction, operation, and maintenance of such work, and provide the Non -Federal Sponsor with a written notice to proceed with acquisition. The Non -Federal Sponsor shall acquire the real property interests and shall provide the Government with authorization for entry thereto according to the Government's construction schedule for such work. The Non -Federal Sponsor shall ensure that real property interests provided for such work are retained in public ownership and, in accordance with Article IV.A., that the real property interests are investigated and that HTRW does not exist in, on, or under the real property interests. B. The Government, after consultation with the Non -Federal Sponsor, shall determine the relocations required for construction, operation, and maintenance of each increment of work, provide the Non -Federal Sponsor with general written descriptions, including maps as appropriate, of such relocations, and provide the Non -Federal Sponsor with a written notice to proceed with such relocations. The Non -Federal Sponsor shall perform or ensure the performance of these relocations in accordance with the Government's construction schedule for such work. C. In acquiring the real property interests for the Project, the Non -Federal Sponsor assures the Government that it will comply with the following: 5 (1) fair and reasonable relocation payments and assistance shall be provided to or for displaced persons, as are required to be provided by a Federal agency under 42 U.S.C. 4622, 4623 and 4624; (2) relocation assistance programs offering the services described in 42 U.S.C. 4625 shall be provided to such displaced persons; (3) within a reasonable period of time prior to displacement, comparable replacement dwellings will be available to displaced persons in accordance with 42 U.S.C. 4625(c)(3); (4) in acquiring real property, the Non -Federal Sponsor will be guided, to the greatest extent practicable under State law, by the land acquisition policies in 42 U.S.C. 4651 and the provisions of 42 U.S.C. 4652; and (5) property owners will be paid or reimbursed for necessary expenses as specified in 42 U.S.C. 4653 and 4654. ARTICLE IV - HTRW A. The Non -Federal Sponsor shall be responsible for undertaking any investigations to identify the existence and extent of any HTRW regulated under applicable law, that may exist in, on, or under real property interests for construction, operation, and maintenance of each increment of work. B. In the event it is discovered that HTRW exists in, on, or under any of the required real property interests needed for construction, operation, and maintenance of an increment or work, the Non -Federal Sponsor and the Government shall provide written notice to each other within 15 calendar days of such discovery, in addition to providing any other notice required by applicable law. If HTRW is discovered prior to acquisition, the Non -Federal Sponsor shall not proceed with the acquisition of such real property interests until the parties agree that the Non - Federal Sponsor should proceed. If HTRW is discovered after acquisition of the real property interests, no further activities within the contaminated area of that increment of work shall proceed until the parties agree on an appropriate course of action. C. If HTRW is found to exist in, on, or under any required real property interests, the parties shall consider any liability that might arise under applicable law and determine whether to initiate construction, or if already initiated, whether to continue, suspend, or terminate construction. 1. Should the parties initiate or continue construction, the Non -Federal Sponsor shall be solely responsible, as between the Government and the Non -Federal Sponsor, for the performance and costs of cleanup and response of the HTRW, including the costs of any studies and investigations necessary to determine an appropriate response to the contamination. The Non -Federal Sponsor shall pay such costs without reimbursement or credit by the Government. In no event will the Government proceed with that construction before the Non -Federal Sponsor has completed the required cleanup and response actions. 2. In the event the parties cannot reach agreement on how to proceed or the Non - Federal Sponsor fails to discharge its responsibilities under this Article upon direction by the Government, the Government may suspend or terminate construction. Additionally, the Government may undertake any actions it determines necessary to avoid a release of such HTRW with the Non -Federal Sponsor responsible for such costs without credit or reimbursement by the Government. D. In the event of a HTRW discovery, the Non -Federal Sponsor and the Government shall initiate consultation with each other within 15 calendar days in an effort to ensure that responsible parties bear any necessary cleanup and response costs as required by applicable law. Any decision made pursuant to this Article shall not relieve any third party from any HTRW liability that may arise under applicable law. E. To the maximum extent practicable, the Government and Non -Federal Sponsor shall perform their responsibilities under this Agreement in a manner that will not cause HTRW liability to arise under applicable law. F. As between the Government and the Non -Federal Sponsor, the Non -Federal Sponsor shall be considered the owner and operator of each increment of work for purposes of CERCLA liability or other applicable law. ARTICLE V - CREDIT FOR REAL PROPERTY INTERESTS, RELOCATIONS, AND CREDIT FOR IN -KIND CONTRIBUTIONS A. The Government and the Non -Federal Sponsor agree that the Non -Federal Sponsor's costs that are eligible for inclusion in the construction costs for an increment of work and credited towards the Non -Federal Sponsor's share of such costs shall be determined in accordance with the following procedures, requirements, and conditions and subject to audit in accordance with Article X.B. to determine reasonableness, allocability, and allowability of costs. 1. Real Property Interests. a. General Procedure. The Government shall include in construction costs and credit towards the Non -Federal Sponsor's share of such costs the value of required real property interests acquired from private owners after the date of approval of the Letter Report for an increment of work except that the value of real property interests donated to the Non -Federal Sponsor are not eligible for credit. The Non -Federal Sponsor shall obtain, for each creditable real property interest, an appraisal of the fair market value of such interest that is prepared by a qualified appraiser who is acceptable to the parties. Subject to valid jurisdictional exceptions, the appraisal shall conform to the Uniform Standards of Professional Appraisal Practice. The appraisal must be prepared in accordance with the applicable rules of just compensation, as 7 specified by the Government. To the maximum extent practicable, no later than 3 months after it provides the Government with authorization for entry onto a real property interest or pays compensation to the owner for an increment of work, whichever occurs later, the Non -Federal Sponsor shall provide documentation, satisfactory to the Government, for the Government to determine the value of the required real property interests that are creditable to the Non -Federal Sponsor's share of such construction costs. (1) Date of Valuation. The fair market value of real property interests acquired from private owners by the Non -Federal Sponsor after the date of approval of the Letter Report for an increment of work shall be the fair market value of such real property interests at the time the interests are acquired. (2) Except for real property interests acquired through eminent domain proceedings instituted after the date of approval of the Letter Report for an increment of work, the Non -Federal Sponsor shall submit an appraisal for each real property interest to the Government for review and approval no later than, to the maximum extent practicable, 60 calendar days after the Non -Federal Sponsor provides the Government with an authorization for entry for such interest or concludes the acquisition of the interest, whichever occurs later. If, after coordination and consultation with the Government, the Non -Federal Sponsor is unable to provide an appraisal that is acceptable to the Government, the Government shall obtain an appraisal to determine the fair market value of the real property interest for crediting purposes. (3) The Government shall credit the Non -Federal Sponsor the appraised amount approved by the Government. Where the amount paid or proposed to be paid by the Non -Federal Sponsor exceeds the approved appraised amount, the Government, at the Non -Federal Sponsor's request, shall consider all factors relevant to determining fair market value and, in its sole discretion, after consultation with the Non -Federal Sponsor, may approve in writing an amount greater than the appraised amount for crediting purposes. b. Eminent Domain Procedure. For real property interests acquired by eminent domain proceedings instituted after the date of approval of the Letter Report for an increment of work, the Non -Federal Sponsor shall notify the Government in writing of its intent to institute such proceedings and submit the appraisals of the specific real property interests to be acquired for review and approval by the Government. If the Government provides written approval of the appraisals, the Non -Federal Sponsor shall use the amount set forth in such appraisals as the estimate of just compensation for the purpose of instituting the eminent domain proceeding. If the Government provides written disapproval of the appraisals, the Government and the Non -Federal Sponsor shall consult to promptly resolve the issues that are identified in the Government's written disapproval. In the event that the issues cannot be resolved, the Non - Federal Sponsor may use the amount set forth in its appraisal as the estimate of just compensation for the purpose of instituting the eminent domain proceeding. The fair market value for crediting purposes shall be either the amount of the court award for the real property interests taken or the amount of any stipulated settlement or portion thereof that the Government approves in writing. c. Waiver of Appraisal. Except as required by paragraph C.1.b. of this Article, the Government may waive the requirement for an appraisal pursuant to this paragraph if, in accordance with 49 C.F.R. Section 24.102(c)(2), the Non -Federal Sponsor determines that an appraisal is unnecessary because the valuation problem is uncomplicated and the anticipated value of the real property interest proposed for acquisition is estimated at $25,000 or less, based on a review of available data. When the Non -Federal Sponsor determines that an appraisal is unnecessary, the Non -Federal Sponsor shall prepare the written waiver valuation required by 49 C.F.R. Section 24.102(c)(2) and submit a copy thereof to the Government for approval. When the anticipated value of the real property interest exceeds $10,000, up to a maximum of $25,000, the Non -Federal Sponsor must offer the owner the option of having the Non -Federal Sponsor appraise the real property interest. d. Incidental Costs. The Government shall include in construction costs and credit towards the Non -Federal Sponsor's share of such costs, the incidental costs, documented to the satisfaction of the Government, that the Non -Federal Sponsor incurred in acquiring required real property interests from private owners required for an increment of work after the date of approval of the Letter Report for such work. Such incidental costs include closing and title costs, appraisal costs, survey costs, attorney's fees, plat maps, mapping costs, actual amounts expended for payment of any relocation assistance benefits provided in accordance with Article III.C., and other payments by the Non -Federal Sponsor for items that are generally recognized as compensable, and required to be paid, by applicable state law due to the acquisition of required real property interests. e. Any publicly owned real property interests or real property interests owned by the Non -Federal Sponsor on the date of approval of the Letter Report and required for an increment of work will be provided by the Non -Federal Sponsor at no cost to the Government. 2. Relocations. The Government shall include in construction costs and credit towards the Non -Federal Sponsor's share of such costs, the costs of required relocations performed by the Non -Federal Sponsor after approval of the Letter Report for an increment of work. As relocations are completed for an increment of work and no later than 90 calendar days after such completion, the Non -Federal Sponsor shall provide documentation, satisfactory to the Government, for the Government to determine the costs that are creditable to the Non -Federal Sponsor's share of such construction costs. a. For a relocation other than a highway, creditable costs shall be only that portion of relocation costs that the Government determines is necessary to provide a functionally equivalent facility, reduced by depreciation, as applicable, and the salvage value of any removed items. b. For a relocation of a highway, which is any highway, roadway, or street, including any bridge thereof, that is owned by a public entity, creditable costs shall be only that portion of relocation costs that would be necessary to accomplish the relocation in accordance with the design standard that the State of Illinois would apply under similar conditions of geography and traffic load, reduced by the salvage value of any removed items. VE c. Relocation costs, as determined by the Government, include actual costs of performing the relocation; planning, engineering, and design costs; and supervision and administration costs. Relocation costs do not include any costs associated with betterments, as determined by the Government, nor any additional cost of using new material when suitable used material is available. 3. In -Kind Contributions. The Government shall include in construction costs for an increment of work and credit towards the Non -Federal Sponsor's share of such costs, the costs of in -kind contributions performed by the Non -Federal Sponsor after the date of approval of the Letter Report for such work. a. As in -kind contributions are completed for an increment of work and no later than 90 calendar days after such completion, the Non -Federal Sponsor shall provide documentation, satisfactory to the Government, for the Government to determine the costs that are creditable to the Non -Federal Sponsor's share of such construction costs. Appropriate documentation includes invoices and certification of specific payments to contractors, suppliers, and the Non -Federal Sponsor's employees. b. The following costs are not eligible for inclusion in construction costs for an increment of work or creditable against the Non -Federal Sponsor's share of such costs: interest charges, or any adjustment to reflect changes in price levels between the time the in -kind contributions are completed and credit is afforded; in -kind contributions obtained at no cost to the Non -Federal Sponsor; or costs that exceed the Government's estimate of the cost for such in - kind contributions. c. Although design performed by the Non -Federal Sponsor prior to approval of the Letter Report for an increment of work is not creditable as in -kind contributions under this Agreement, the Non -Federal Sponsor, at no cost to the Government, may voluntarily provide such design to the Government. The Government, in its sole discretion, may accept, modify, or reject such design, or any portion thereof, for use in constructing that increment of work. Prior to commencement of review by the Government of such design, the Non -Federal Sponsor shall provide a written certification and warranty to the Government that such design is free from any legal encumbrances and use restrictions, including but not limited to, any intellectual property rights and outstanding licensing requirements. 4. Compliance with Federal Labor Laws. In undertaking relocations and construction of in -kind contributions for an increment of work, the Non -Federal Sponsor shall comply with applicable Federal labor laws covering non -Federal construction, including, but not limited to, 40 U.S.C. 3141-3148 and 40 U.S.C. 3701-3708 (labor standards originally enacted as the Davis -Bacon Act, the Contract Work Hours and Safety Standards Act, and the Copeland Anti -Kickback Act), and credit may be withheld, in whole or in part, as a result of the Non - Federal Sponsor's failure to comply with its obligations under these laws. B. Notwithstanding any other provision of this Agreement, the Non -Federal Sponsor shall not be entitled to credit or reimbursement for any costs it incurs for real property interests, 10 relocations, and in -kind contributions that exceed 25 percent of construction costs for an increment of work, and any such excess amount cannot be applied towards the non -Federal cost share for another increment of work; and for any costs incurred by the Non -Federal Sponsor prior to the effective date of this Agreement. ARTICLE VI — PAYMENT OF FUNDS A. As of the effective date of this Agreement, construction costs for the initial increment of work are projected to be $1,058,333, with the amount of Federal funds available for such work limited to $800,000. The Non -Federal Sponsor's share of construction costs for the initial increment of work is projected to be $258,333, which includes creditable real property interests projected to be $0, creditable relocations projected to be $0, creditable in -kind contributions projected to be $0, and the amount of funds required to meet its minimum 25 percent cost share projected to be $258,333. The Letter Report for each additional increment of work will include information on the Federal funds available for the increment of work and the Non -Federal Sponsor's share of construction costs for such work. These amounts are estimates only that are subject to adjustment by the Government and are not to be construed as the total financial responsibilities of the Non -Federal Sponsor. B. For each increment of work, the Government shall provide the Non -Federal Sponsor with monthly reports setting forth the estimated construction costs and the Government's and Non -Federal Sponsor's estimated shares of such costs; costs incurred by the Government, using both Federal and Non -Federal Sponsor funds, to date; the amount of funds provided by the Non - Federal Sponsor to date; the estimated amount of any creditable real property interests and relocations; the estimated amount of any creditable in -kind contributions; and the estimated amount of funds required from the Non -Federal Sponsor during the upcoming fiscal year. C. The Non -Federal Sponsor shall provide the funds required to meet its share of construction costs by delivering a check payable to "FAO, USAED, Chicago (H6)" to the District Commander, or verifying to the satisfaction of the Government that the Non -Federal Sponsor has deposited such required funds in an escrow or other account acceptable to the Government, with interest accruing to the Non -Federal Sponsor, or by providing an Electronic Funds Transfer of such required funds in accordance with procedures established by the Government. D. The Government shall draw from the funds provided by the Non -Federal Sponsor to cover the non -Federal share of construction costs as those costs are incurred. If the Government determines at any time that additional funds are needed from the Non -Federal Sponsor to cover the Non -Federal Sponsor's required share of such construction costs, the Government shall provide the Non -Federal Sponsor with written notice of the amount of additional funds required. Within 60 calendar days from receipt of such notice, the Non -Federal Sponsor shall provide the Government with the full amount of such additional required funds. E. Upon completion of each increment of work, including resolution of all relevant claims and appeals and eminent domain proceedings, the Government shall conduct a final accounting and furnish the Non -Federal Sponsor with the written results of such final 11 accounting. Should such final accounting determine that additional funds are required from the Non -Federal Sponsor, the Non -Federal Sponsor, within 60 calendar days of receipt of written notice from the Government, shall provide the Government with the full amount of such additional required funds by delivering a check payable to "FAO, USAED, Chicago (H6)" to the District Commander, or by providing an Electronic Funds Transfer of such required funds in accordance with procedures established by the Government. Such final accounting does not limit the Non -Federal Sponsor's responsibility to pay its share of construction costs, including contract claims or any other liability that may become known after the final accounting. F. If the Government agrees to include betterments on the Non -Federal Sponsor's behalf, the Government shall provide written notice to the Non -Federal Sponsor of the amount of funds required to cover such costs. No later than 60 calendar days after receiving written notice from the Government, the Non -Federal Sponsor shall make the full amount of such required funds available to the Government through either payment method specified in Article VI.E. If at any time the Government determines that additional funds are required to cover such costs, the Non - Federal Sponsor shall provide those funds within 30 calendar days from receipt of written notice from the Government. If the Government determines that funds provided by the Non -Federal Sponsor exceed the amount required for the Government to complete such work, the Government shall refund any remaining unobligated amount. ARTICLE VII - TERMINATION OR SUSPENSION A. If at any time the Non -Federal Sponsor fails to fulfill its obligations under this Agreement, the Government may suspend or terminate design or construction. B. In the event of termination, the parties shall conclude their activities relating to design and construction and conduct a final accounting in accordance with Article VI.E. To provide for this eventuality, the Government may reserve a percentage of available funds as a contingency to pay the costs of termination, including any costs of resolution of real property acquisition, resolution of contract claims, and resolution of contract modifications. C. If HTRW is found to exist in, on, or under any required real property interests, the parties shall follow the procedures set forth in Article IV. D. Any suspension or termination shall not relieve the parties of liability for any obligation incurred. Any delinquent payment owed by the Non -Federal Sponsor pursuant to this Agreement shall be charged interest at a rate, to be determined by the Secretary of the Treasury, equal to 150 per centum of the average bond equivalent rate of the 13 week Treasury bills auctioned immediately prior to the date on which such payment became delinquent, or auctioned immediately prior to the beginning of each additional 3 month period if the period of delinquency exceeds 3 months. ARTICLE VIII - HOLD AND SAVE 12 The Non -Federal Sponsor shall hold and save the Government free from all damages arising from design, construction, or operation and maintenance of any work under this Agreement, except for damages due to the fault or negligence of the Government or its contractors. ARTICLE IX - DISPUTE RESOLUTION As a condition precedent to a party bringing any suit for breach of this Agreement, that party must first notify the other party in writing of the nature of the purported breach and seek in good faith to resolve the dispute through negotiation. If the parties cannot resolve the dispute through negotiation, they may agree to a mutually acceptable method of non -binding alternative dispute resolution with a qualified third party acceptable to the parties. Each party shall pay an equal share of any costs for the services provided by such a third party as such costs are incurred. The existence of a dispute shall not excuse the parties from performance pursuant to this Agreement. ARTICLE X - MAINTENANCE OF RECORDS AND AUDITS A. The parties shall develop procedures for the maintenance by the Non -Federal Sponsor of books, records, documents, or other evidence pertaining to costs and expenses for a minimum of three years after the final accounting. The Non -Federal Sponsor shall assure that such materials are reasonably available for examination, audit, or reproduction by the Government. B. The Government may conduct, or arrange for the conduct of, audits. Government audits shall be conducted in accordance with applicable Government cost principles and regulations. The Government's costs of audits shall not be included in construction costs. C. To the extent permitted under applicable Federal laws and regulations, the Government shall allow the Non -Federal Sponsor to inspect books, records, documents, or other evidence pertaining to costs and expenses maintained by the Government, or at the Non -Federal Sponsor's request, provide to the Non -Federal Sponsor or independent auditors any such information necessary to enable an audit of the Non -Federal Sponsor's activities under this Agreement. The Non -Federal Sponsor shall pay the costs of non -Federal audits without reimbursement or credit by the Government. ARTICLE XI - RELATIONSHIP OF PARTIES In the exercise of their respective rights and obligations under this Agreement, the Government and the Non -Federal Sponsor each act in an independent capacity, and neither is to be considered the officer, agent, or employee of the other. Neither party shall provide, without the consent of the other party, any contractor with a release that waives or purports to waive any rights a party may have to seek relief or redress against that contractor. 13 ARTICLE XII - NOTICES A. Any notice, request, demand, or other communication required or permitted to be given under this Agreement shall be deemed to have been duly given if in writing and delivered personally or mailed by registered or certified mail, with return receipt, as follows: If to the Non -Federal Sponsor: Mayor 418 Main Street Lemont, Illinois 60439 If to the Government: District Commander U.S. Army Corps of Engineers, Chicago District 231 South LaSalle Street, Suite 1500 Chicago, Illinois 60604 B. A party may change the recipient or address to which such communications are to be directed by giving written notice to the other party in the manner provided in this Article. ARTICLE XIII - CONFIDENTIALITY To the extent permitted by the laws governing each party, the parties agree to maintain the confidentiality of exchanged information when requested to do so by the providing party. 14 ARTICLE XIV - THIRD PARTY RIGHTS, BENEFITS, OR LIABILITIES Nothing in this Agreement is intended, nor may be construed, to create any rights, confer any benefits, or relieve any liability, of any kind whatsoever in any third person not a party to this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement, which shall become effective upon the date it is signed by the District Commander. DEPARTMENT OF THE ARMY Digitally signed by ROCKWELL.KENNETRIAU1.12 — 37939120 BY: Dale: 2024.07.12 13:56:48-05'00' KENNETH P. ROCKWELL COL, U.S. Army Commanding VILLAGE OF LEMONT, ILLINOIS BY: John Egofske Mayor DATE: 7/12/24 DATE; u, )e ) 1 �I� zT 15 CERTIFICATE OF AUTHORITY 1, Ni/like Stillman, do hereby certify that I am the principal legal officer of the Village of Lemont, Illinois that the Village of Lemont, Illinois is a legally constituted public body with frill authority and legal capability to perform the terms of the Agreement between the Department o1'the Army and the Village of Lemont, Illinois in connection with the Sec 219 Village of Lemont Water Distribution Improvements, and to pay damages, if necessary, in the event of the failure to perform in accordance with the terms of this Agreement and that the persons who have executed this Agreement on behalf of the Village of Lemont, Illinois have acted within their statutory authority. IN WITNESS WHEREOF, I have made and executed this certification this �day of Mike Stillma Village of Lemont, IL Village Attorney CERTIFICATION REGARDING LOBBYING The undersigned certifies, to the best of his or her knowledge and belief that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the malting of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the Undersigned shall complete and submit Standard Form-I,LL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. John Egofske Mayor Village of Lemont, IL DATE:l.t Exhibit C Project Location Map | �) . _.__._ - _ 7\ _INOW \\ Ag- ( � \ \:\ \�\ § j T:cn 2}§ \\\ \ /§(;�]\\;\ CC \ \\}\ ■ \ 3 \ = 7 w \ °I � � 2 � z p Dw \» . S $ ! �e Z /B \ ❑ ■ w ae » m = � _ \ /> L § § < : Z § \\ �ma=. \ z w \u .. ! }CL \ k �\ I 2 � 2 . q ® % U JJC� U e w q 00(/)0O m U