R-52-02 08/12/02RESOLUTION I
RESOLUTION AUTHORIZING AND APPROVING AN AMENDMENT TO THE
MASS TRANSPORTATION CAPITAL ASSISTANCE GRANT AGREEMENT
BETWEEN THE VILLAGE OF LEMONT AND
ILLINOIS DEPARTMENT OF TRANSPORTATION
CAP -00- 704 -OGL AMENDMENT NO. 1
WHEREAS, this Amendment No. 1 to an Agreement dated September 7, 2000 (the
"Agreement ") between the State of Illinois, Department of Transportation and the Village of Lemont
is made and entered into by and between the parties thereto. In consideration of the mutual
covenants contained herein and in such Agreement, the Parties agree as follows:
1. To amend "ITEM 6 - REVERSION OF GRANT FUNDS" by deleting the date
"September 30, 2002" and inserting in lieu thereof the date "September 30, 2003."
2. To amend the "Mass Transportation Capital Grant Agreement" by deleting the
Agreement dated September 7, 2000 in its entirety and replacing it with the attached
Agreement (Rev 2/14/01) along with its Exhibits executed on the date below.
WHEREAS, the Parties hereto agree that the Agreement dated September 7, 2000 between
the parties is in all other respects ratified and reaffirmed and that it continues in full force and effect
as hereby amended; and
WHEREAS, this Contract No. 3087 (hereinafter referred to as "Agreement ") is made by and
between the Illinois Department of Transportation, Division of Public Transportation, (hereinafter
referred to as the "State" or "Department ") and the Village of Lemont (hereinafter referred to as the
"Grantee," which term shall include its successors and assigns).
WHEREAS, the Grantee is undertaking a mass transportation capital project (the "Project ")
as described in the Grantee's final approved application which is on file with the Department; and
WHEREAS, the Grantee is an eligible grant recipient and the Project is an eligible mass
transportation project under the provisions of the Civil Administrative Code of Illinois (20 ILCS
2705/49, et seq.) and the General Obligation Bond Act (30 ILCS 330/1, et seq.) (Hereinafter
collectively referred to as the "Acts "); and
WHEREAS, the Grantee has made application to the Department for state aid for the Project
in accordance with one or both of the Acts and pursuant to procedures established by the
Department; and
WHEREAS, the Grantee's final application, including subsequent submittals, information,
and documentation as provided by the Grantee in support thereof, has been approved by the
Department.
NOW THEREFORE, in consideration of the mutual covenants hereinafter set forth, the
parties agree that the above recitals are made a part of this Agreement, and this Agreement is made
to provide state financial assistance to the Grantee in the form of a capital grant (hereinafter referred
to as the "Grant "), to set forth the terms and conditions upon which the Grant will be made, and to
set forth the agreement of the Parties as to the manner in which the Project will be undertaken,
completed and used.
NOW THEREFORE, BE IT RESOLVED that the Village President is authorized to
execute on behalf of the Village of Lemont the attached Agreement designated CAP -00- 704 -OGL,
Amendment No. 1)
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 12th day of August , 2002
John Benik
Debby Blatzer
Peter Coules
Connie Markiewicz
Steven Rosendahl
Jeanette Virgilio
Attest:
AYES NAYS PASSED ABSENT
v
v
1
CHARLENE SMOLLEN, Village Clerk
STATE OF ILLINOIS
DEPARTMENT OF TRANSPORTATION
DIVISION OF PUBLIC TRANSPORTATION
Approved as to Form
by Chief Counsel's Office:
REV:02 /14/01
STATECAP
s:\sub \contract \muni \704am 1.doc
AND
VILLAGE OF LEMONT
STATE CAPITAL GRANT AGREEMENT
AMENDMENT NO. 1
CONTRACT NO. 3087
STATE GRANT NO. CAP -00- 704 -OGL
TABLE OF CONTENTS
ITEM 1- DEFINITIONS 5
ITEM 2 - THE PROJECT 5
ITEM 3 - AMOUNT OF GRANT 5
ITEM 4 - THE PROJECT BUDGET 6
ITEM 5 DOCUMENTS FORMING THIS AGREEMENT 6
ITEM 6 - REVERSION OF GRANT FUNDS 6
ITEM 7 - ACCOMPLISHMENT OF THE PROJECT 6
ITEM 8 - CONTINUANCE OF SERVICE 7
ITEM 9 - REAL PROPERTY, EQUIPMENT AND SUPPLIES 8
ITEM 10 - ETHICS 10
ITEM 11 - ACCOUNTING, RECORDS, AND ACCESS 10
ITEM 12 - REQUISITIONS AND PAYMENTS 13
ITEM 13 - RIGHT OF DEPARTMENT TO TERMINATE 14
ITEM 14 - PROJECT SETTLEMENT AND CLOSE -OUT 15
ITEM 15 - GRANTEE'S WARRANTIES 16
ITEM 16 - CONTRACTS OF THE GRANTEE 16
ITEM 17 - COMPETITIVE BIDDING 16
ITEM 18 - THIRD PARTY CONTRACT CHANGES 17
ITEM 19 - PRE -BID REVIEW 17
ITEM 20 - PRE -AWARD REVIEW AND APPROVAL OF CONTRACTS AND APPROVAL OF
EMINENT DOMAIN PROCEEDINGS 17
ITEM 21 - POST -AWARD REQUIREMENTS 17
ITEM 22 - ASSIGNMENTS 17
ITEM 23 - PERFORMANCE BOND 18
ITEM 24 - COOPERATION IN CONNECTION WITH INSPECTION 18
ITEM 25 - INDEMNIFICATION AND INSURANCE 18
ITEM 26 - NON - WAIVER 18
State Capital Grant
Page 2
ITEM 27 - NON - COLLUSION 19
ITEM 28 - INDEPENDENCE OF GRANTEE 19
ITEM 29 - LABOR LAW COMPLIANCE 19
ITEM 30 - EQUAL EMPLOYMENT PRACTICES 19
ITEM 31 - SEVERABILITY 21
ITEM 32 - PATENT RIGHTS 21
ITEM 33 - AMENDMENT 21
ITEM 34 - SCHOOL BUS OPERATIONS 21
ITEM 35 - DRUG FREE WORKPLACE 21
ITEM 36 - TITLES 22
ITEM 37 - TAXPAYER IDENTIFICATION NUMBER 22
Exhibit A, entitled "Grantee's Application," (on file with the Department)
Exhibit B, entitled "Approved Project Budget,"
Exhibit C, entitled, "State of Illinois Drug Free Workplace Certification,"
Exhibit D, entitled, "Grantee's Board Resolution," (on file with the Department)
State Capital Grant
Page 3
This Amendment No. 1 to an Agreement dated September 7, 2000 (the "Agreement ") between the
State of Illinois, Department of Transportation and the Village of Lemont is made and entered into by
and between the parties thereto. In consideration of the mutual covenants contained herein and in
such Agreement, the Parties agree as follows:
1. To amend "ITEM 6 - REVERSION OF GRANT FUNDS" by deleting the date
"September 30, 2002" and inserting in lieu thereof the date "September 30, 2003 ".
2. To amend the "Mass Transportation Capital Grant Agreement" by deleting the Agreement
dated September 7, 2000 in its entirety and replacing it with the attached Agreement (Rev
2/14/01) along with its Exhibits executed on the date below.
The Parties hereto agree that the Agreement dated September 7, 2000 between the parties is in all
other respects ratified and reaffirmed and that it continues in full force and effect as hereby
amended.
This Contract No. 3087 (hereinafter referred to as "Agreement ") is made by and between the Illinois
Department of Transportation, Division of Public Transportation, (hereinafter referred to as the
"State" or "Department ") and the Village of Lemont (hereinafter referred to as the "Grantee," which
term shall include its successors and assigns).
WHEREAS, the Grantee is undertaking a mass transportation capital project (the "Project') as
described in the Grantee's final approved application which is incorporated herein by reference as
Exhibit "A" hereto; and
WHEREAS, the Grantee is an eligible grant recipient and the Project is an eligible mass
transportation project under the provisions of the Civil Administrative Code of Illinois (20 ILCS
2705/49, et seq.) and the General Obligation Bond Act (30 ILCS 330/1, etc seq.) (hereinafter
collectively referred to as the "Acts "); and
WHEREAS, the Grantee has made application to the Department for state aid for the Project in
accordance with one or both of the Acts and pursuant to procedures established by the Department;
and
WHEREAS, the Grantee's final application, including subsequent submittals, information, and
documentation as provided by the Grantee in support thereof, has been approved by the
Department:
NOW THEREFORE, in consideration of the mutual covenants hereinafter set forth, the parties agree
that the above recitals are made a part of this Agreement, that this Agreement is made to provide
state financial assistance to the Grantee in the form of a capital grant (hereinafter referred to as the
"Grant "), to set forth the terms and conditions upon which the Grant will be made, and to set forth the
agreement of the Parties as to the manner in which the Project will be undertaken, completed and
used. The parties further agree as follows:
State Capital Grant
Page 4
ITEM 1 - DEFINITIONS
As used in this Agreement:
A. "Mass Transportation Service" means general or special transportation service provided to the
public (but not school bus, charter or sight- seeing service) on a regular and continuing basis in
the service area described in the Grantee's final, approved application.
B. "Net Project Cost" means the sum of the eligible costs incurred in performing the work on the
Project, including work done by the Grantee, Tess proceeds from sale of scrap and replaced
facilities.
C. "Project" means the mass transportation capital project for which state funds are to be used by
the Grantee pursuant to this Agreement, as described in Grantee's final approved application.
D. "Project Facilities" means any facilities, equipment or real property purchased, acquired,
constructed, improved, renovated or refurbished as part of the Project.
E. "Contractor" or "Third Party Contractor" means a vendor or contractor of the Grantee paid or
financed in whole or in part with state assistance.
ITEM 2 - THE PROJECT
The Grantee agrees to undertake and complete the Project and to provide for the use of Project
Facilities, in the manner set forth in the Grantee's final application that has been approved by the
Department, for the amounts set forth in the Approved Project Budget, a copy of which is attached
hereto and incorporated herein as Exhibit "B ", and in accordance with the requirements of this
Agreement and all applicable laws. The Project, which is more particularly described in the plans,
specifications and schedules set forth in the Grantee's final approved application, is generally
described as the design and construction of commuter parking at the Metra Heritage Corridor
Lemont station.
ITEM 3 - AMOUNT OF GRANT
The estimated Net Project Cost is $200,000. The Department agrees to make a Grant reimbursing
the Grantee in an amount equal to 100 percent of the actual Net Project Cost, as determined by the
Department upon completion of the Project, in an amount not to exceed $200,000; provided,
however, the Department, at its sole discretion, may agree to increase the amount of the Grant in
excess of the amount specified herein but in no event shall the total amount provided by the
Department under this Agreement or any subsequent Amendment to this Agreement exceed 100
percent of the actual Net Project Cost.
No liability shall be incurred by the State in excess of the aforementioned amount(s) of the Grant.
The Grantee agrees that it will provide, or cause to be provided from sources other than (a) State
funds, (b) federal funds, (c) receipts from the use of Project Facilities, or (d) operating revenues of
the public transportation system, funds in an amount equal to the actual Net Project Cost less the
amount of the federal fund(s) made in connection with this Grant and less the amount of the State
Grant, as shown in the Approved Project Budget. With the express prior written approval of the
Department, all or part of this local share to be contributed by the Grantee may be provided by the
Grantee in the form of contributions of professional, technical, or other services.
State Capital Grant
Page 5
ITEM 4 - THE PROJECT BUDGET
The Approved Project Budget is set forth in Exhibit "B" hereto. A Project Budget shall be prepared
and maintained by the Grantee. The Grantee shall carry out the Project and shall incur obligations
against and make disbursements of project funds only in conformity with the latest Approved Project
Budget (except as expressly provided for in ITEM 11 (c)). The Approved Project Budget may be
revised from time to time upon approval by authorized Department personnel, but no Budget or
revision thereof shall be effective unless and until the Department shall have approved the same in
writing. However, any amendment to the Approved Project Budget should be in accordance with the
provisions of ITEM 33.
ITEM 5 - DOCUMENTS FORMING THIS AGREEMENT
The Parties agree that this constitutes the entire Agreement between the Parties hereto, that there
are no agreements or understandings, implied or expressed, except as specifically set forth in the
Agreement, and that all prior arrangements and understandings related hereto are merged into or are
superseded by this Agreement.
The Parties hereto further agree that this Agreement consists of this State Capital Grant Agreement;
together with Exhibit "A" entitled "Grantee's Application" (on file with the Department); Exhibit "B"
entitled "Approved Project Budget"; Exhibit "C" entitled, "State of Illinois Drug Free Workplace
Certification"; and Exhibit D, entitled, "Grantee's Board Resolution" (on file with the Department), all
of which are by this reference specifically incorporated herein and made a part hereof.
ITEM 6 - REVERSION OF GRANT FUNDS
A. Illinois Grant Funds Recovery Act - This Grant is subject to the Illinois Grant Funds Recovery
Act, 30 ILCS 705/1. This Grant is valid until September 30, 2003, and grant funds are
available to Grantee and may be expended by Grantee until said date unless the Department,
at its discretion, grants an extension of time. Any grant funds which are not expended or
legally obligated by the Grantee at the end of the Grant Agreement or by the expiration of the
period of time grant funds are available for expenditure or obligation, whichever is earlier, shall
be returned to the Department within 45 days. Project close -out shall be in accordance with
the Project Settlement & Close -Out ITEM of this Agreement. This date is subject to further
revision at the sole determination and discretion of the Department.
B. Failure to Appropriate Funds - This Grant, and the processing of any requisitions and the
payment of any funds under this Agreement, is contingent upon the availability of sufficient
funds appropriated to the Department by the Illinois General Assembly. The Grantee
understands and agrees that the obligations of the Department to make any grants or
payments under this Agreement are conditional upon funds being appropriated therefore by the
General Assembly, and the Grantee shall not hold the Department liable for failure by the
General Assembly to appropriate sufficient funds for this Project.
ITEM 7 - ACCOMPLISHMENT OF THE PROJECT
A. General Requirements - The Grantee shall commence, carry out, and complete the Project
with all practicable dispatch, in a sound, economical, and efficient manner, and in accordance
with the provisions of this Agreement, including all documents listed in ITEM 5 above, and in
compliance with all applicable laws and Department guidelines, as from time to time adopted.
State Capital Grant
Page 6
B. Pursuant to Federal, State, and Local Law - In the performance of its obligations pursuant to
this Agreement, the Grantee and its contractors shall comply with all applicable provisions of
federal, state and local law. All limits and standards set forth in this Agreement to be observed
in the performance of the Project are minimum requirements and shall not affect the
application to the performance of the Project of more restrictive local standards that are not
inconsistent with the limits and standards of this Agreement.
The Grantee agrees that the most recent of such state requirements in effect will govern the
administration of this Agreement at any particular time, except if there is sufficient evidence in
the Agreement of a contrary intent. Such contrary intent might be evidenced by a letter signed
by the Department, the language of which modifies or otherwise conditions the text of a
particular provision of this Agreement. Likewise, new state laws, regulations, policies and
administrative practices may be established after the date the Agreement has been executed
that may apply to this Agreement. To achieve compliance with changing state requirements,
the Grantee agrees to include in all sub - grantee agreements and third party contracts financed
in whole or in part with Department assistance specific notice that state requirements may
change and the changed requirements will apply to the Project.
C. Funds of the Grantee - The Grantee shall initiate and prosecute to completion all proceedings
necessary to enable the Grantee to provide its share of the Project costs at or prior to the time
that such funds are needed to meet Project costs.
D. Changed Conditions Affecting Performance - The Grantee shall immediately notify the
Department of any change in conditions or local law, or of any other event which may
significantly affect its ability to perform the Project in accordance with the provisions of this
Agreement.
E. No State Obligations to Third Parties - The Department shall not be subject to any obligations
or liabilities by, through, or to contractors of the Grantee or their subcontractors or any other
person not a party to this Agreement in connection with the performance of this Project, without
its express written consent, notwithstanding the concurrence in or approval of the award by the
Department of any contract or subcontract or the solicitation thereof.
F. Illinois Law - This Agreement shall be construed in accordance with the laws of the State of
Illinois.
G. Grantee's Responsibility for Compliance — Irrespective of the participation of other parties or
third party contractors in connection with the Project, the Grantee will continue to have primary
responsibility to the Department for compliance with all state requirements, statues,
regulations, executive orders, and /or the Grant Agreement for this Project.
ITEM 8 - CONTINUANCE OF SERVICE
The Grantee agrees to use its best efforts to continue to provide, either directly or by contract or
service agreement, as the case may be, the service(s) for which these Project Facilities are being
acquired or constructed, as such services(s) is described in the Grantee's final, approved application.
No reduction or termination of such service shall be made without compliance with all applicable
statutory and regulatory provisions. At least 30 days prior to (a) any reduction or termination of such
service or (b) the filing of a request for such reduction or termination with the appropriate regulatory
State Capital Grant
Page 7
agency, whichever comes first, the Grantee shall give written notice of the proposed action (or shall
require the operator of such service to give such notice) to the Department and all units of local
government within the Grantee's service area.
ITEM 9 — REAL PROPERTY, EQUIPMENT AND SUPPLIES
A.. Use of Project Facilities - The Grantee agrees that the Project Facilities will be used for the
provision of mass transportation service within the Grantee's service area, substantially in the
manner described in the Grantee's final, approved application. Project Facilities may be used
for incidental charter or sight- seeing services when not needed for mass transportation service
operations. Such Project Facilities shall be used for (a) a period of twenty (20) years from the
completion of the Project, or (b) the period of the useful life of such Project Facilities as
determined in accordance with generally accepted accounting principles and Department
guidelines, whichever period of time is less. If, during such period, such Project Facilities are
not used for the Project as required by the terms of this Agreement, or are sold or otherwise
disposed of, or withdrawn from mass transportation service at the initiative of the Grantee, the
Grantee shall immediately notify the Department, and shall at the Department's discretion, and
as provided in Department guidelines, remit to the State a proportional amount of the fair
market value, if any, of such Project Facilities.
If the Project Facilities include commuter parking, the Parties agree that users of the commuter
parking facilities funded by this Grant may be charged a fee for the use of such facilities, but
the amount of such fee shall be so established to meet reasonable maintenance and operating
expenses, and to establish a sinking fund to cover major rehabilitation, or for other transit
related purposes as approved by the Department in writing. The Project Facilities shall be
equally available for use by all commuters regardless of the place of residence, and there shall
be no difference in the amount of fees charged to users of such commuter parking facilities
based on place of residence.
The Grantee shall keep satisfactory records with regard to the use of the Project Facilities and
shall submit to the Department, upon request, such information as the Department may require
in order to assure compliance with this ITEM, and the Grantee shall immediately notify the
Department in all cases where Project Facilities are used in a manner substantially different
from that described in the Grantee's final approved application. The Grantee shall maintain, in
an amount(s) and form satisfactory to the Department, such insurance or self- insurance as will
be adequate to protect Project Facilities throughout the period of required use. The cost of
such insurance shall not be an item of allowable cost under this Agreement. The Grantee shall
also submit, from time to time, to the Department upon request, a certification that the Project
Facilities are still being used in accordance with the terms of this Agreement and further certify
that no part of the local contribution to the cost of the Project has been refunded or reduced.
B. Maintenance and Withdrawn Property - The Grantee agrees to maintain any Project Facilities
at a high level of cleanliness, safety, and mechanical soundness and in accordance with any
guidelines, directives, or regulations that the manufacturer, contractor, or the Department may
issue, the stricter standard shall apply unless excused by the Department. For vehicles, the
manufacturer's suggested maintenance and inspection schedule will be considered the
minimum maintenance standard that must be adhered to. For vehicles, the Grantee must
establish and follow a written maintenance plan which includes, pre -trip inspections, a
preventive maintenance program, and documentation of repairs. The Department shall have
the right to conduct periodic inspections for the purpose of confirming proper maintenance
pursuant to this Section. The Department reserves the right to require the Grantee to restore,
State Capital Grant
Page 8
repair or replace Project Facilities or pay for damage as a result of abuse, neglect, or misuse
of such Project Facilities. If, at any time during the useful life of the Project Facilities, any of
the Project Facilities are not used for the purposes specified in this Agreement, whether by
planned withdrawal, misuse or casualty loss, the Grantee shall immediately notify and receive
approval from the Department prior to disposing of such Project Facilities. Any such
disposition shall be in accordance with Department procedures.
(1) Interest in Property - Unless otherwise approved by the Department, the Grantee
agrees to remit to the Department the State interest in the fair market value, if any, of any
item of the Project Facilities whose unit value exceeds $5,000, or the Project Facility, at the
option of the Department. The portion of that interest shall be determined on the basis of the
ratio of the assistance provided by the Department for the particular Project Facility to the
actual cost of the Project.
(2) Fair Market Value - The following requirements apply to the calculation of fair market
value:
(a) Unless otherwise approved in writing by the Department, the fair market value of
any of the Project Facilities will be the value of that property at the time
immediately before the occurrence that prompted the withdrawal of the Project
Facilities from transit use. The fair market value shall be calculated by the one of
the following: (1) appraised value, (2) on a straight line depreciation of the
Project Facilities, based on a useful life approved by the Department irrespective
of the reason for withdrawal of Project Facilities from transit use, or (3) the actual
proceeds from the public sale of such property, whichever method is approved by
the Department with an objective to obtain the highest fair market value. Any
appraiser employed for such purposes have experience in appraising similar
project equipment and facilities in accordance with state and federal standards.
The fair market value of any of the Project Facilities lost or damaged by casualty
or fire will be calculated on the basis of the condition of such property
immediately before the casualty, irrespective of the extent of insurance coverage.
(b) Exceptional Circumstances - The Department, however, reserves the right to
require another method of valuation to be used if determined to be in the best
interest of the Department. In unusual circumstances, the Grantee may request
that the Department approve the use of another reasonable method of
determining fair market value, including but not limited to accelerated
depreciation, comparable sales, or estimated market values. In determining
whether to approve an alternate method, the Department may consider any
action taken, omission made, or unfortunate occurrence suffered by the Grantee
with respect to the preservation or conservation of the value of the particular item
of property that, for any reason, has been withdrawn from service.
C. Misused or Damaged Property - If damage to any of the Project Facilities results from abuse,
neglect, or misuse that has taken place with the Grantee's knowledge and consent, the
Grantee agrees that the Department may require the Grantee to restore those Project
Facilities to their original condition, at the Grantee's sole expense, or refund the fair market
value of the State interest in such damaged Project Facilities.
D. Obligations After Proiect Close -Out - The Grantee agrees that project close -out will not alter
its property management obligations set forth in this Agreement.
State Capital Grant
Page 9
ITEM 10 - ETHICS
A. Code of Conduct
(1) Personal Conflict of Interest - The Grantee shall maintain a written code or standard of
conduct which shall govern the performance of its employees, officers, board members or
agents engaged in the award and administration of contracts supported by federal or state
funds. Such code shall provide that no employee, officer, board member, or agent of the
Grantee may participate in the selection, award, or administration of a contract supported by
federal or state funds if a conflict of interest, real or apparent, would be involved. Such a
conflict would arise when any of the parties set forth below has a financial or other interest in
the firm selected for award:
(a) The employee, officer, board member, or agent;
(b) Any member of his or her immediate family;
(c) His or her partner; or
(d) An organization that employs, or is about to employ, any of the above.
The conflict of interest restriction for former employees, officers, board members and agents
shall apply for one year.
The code shall also provide that the Grantee's employees, officers, board members or agents
shall neither solicit nor accept gratuities, favors or anything of monetary value from contractors,
potential contractors, or parties to sub- agreements. The Department may waive the prohibition
contained in this subsection, provided that any such present employee, officer, board member,
or agent shall not participate in any action by the Grantee or the locality relating to such
contract, subcontract, or arrangement.
(2) Organizational Conflict of Interest — The Grantee will also prevent any real and apparent
organizational conflict of interest. An organizational conflict of interest exists when the nature of
the work to be performed under a proposed third party contract or subcontract may, without
some restriction on future activities, result in an unfair competitive advantage to the third party
contractor or grantee or impair the objectivity in performing the contract work.
B. Bribery - Nongovernmental grantees and third party contractors shall certify that they have not
been convicted of bribery or attempting to bribe an officer or employee of the State of Illinois or
local government, nor has the Grantee made an admission of -guilt of such conduct which is a
matter of record, nor has an official, agent or employee of such grantees or third party
contractors committed bribery or attempted bribery on behalf of the firm and pursuant to the
direction or authorization of a responsible official of the grantee. Such grantees or third party
contractors shall further certify that they have not been barred from contracting with a unit of the
State or local government as a result of a violation of Section 33E -3 or 33E -4 of the Illinois
Criminal Code .
ITEM 11 — ACCOUNTING, RECORDS, AND, ACCESS
A. Project Accounts - The Grantee shall establish and maintain, as a separate set of accounts or
as an integral but identifiable part of its current accounting scheme, accounts for the Project
( "Project Accounts ") in conformity with requirements established by the Department.
State Capital Grant
Page 10
B. Funds Received or Made Available for the Project - Grantee shall appropriately record in the
Project Account, and deposit in a federally insured bank or trust company, all Grant payments
received by it from the Department pursuant to this Agreement and all other funds provided for,
accruing to, or otherwise received on account of the Project, which Department payments and
other funds are herein collectively referred to as "Project Funds."
The Grantee shall require the depositories of Project Funds to secure continuously and fully all
Project Funds in excess of the amounts insured under federal plans, or under state plans
which have been approved for the deposit of the Project Funds by the Department, by the
deposit or setting aside of collateral of the types and in the manner as described by state law
for the security of public funds.
The Grantee agrees to report to the Department, at such other times as the Department may
prescribe in writing, the amounts recorded, as required above, in the Project Account.
All Project Funds held by the Grantee over one (1) month shall draw interest and the amount of
such interest earned shall be reported to the Department in the quarterly Project Account
report. Such interest shall be applied to the Net Project Cost as directed by the Department.
C. Eligible Costs - Expenditures made by the Grantee shall be reimbursable as eligible costs to
the extent they meet all of the requirements set forth below. They must:
(1) be made in conformance with the Grantee's final approved application and the Approved
Project Budget and all other provisions of this Agreement;
(2) be necessary in order to accomplish the Project;
(3)
be reasonable in amount for the goods or services purchased;
(4) be actual net costs to the Grantee (i.e., the price paid minus any refunds, rebates, or
other items of value received by the Grantee that have the effect of reducing the cost
actually incurred);
(5)
be incurred (and be for work performed) after the date of this Agreement, unless specific
written authorization from the Department to the contrary is received in writing;
(6) be in conformance with the standards for allowability of costs established by the
Department;
(7) be satisfactorily documented;
(8) be treated uniformly and consistently under accounting principles and procedures
approved or prescribed by the Department for the Grantee; and those approved or
prescribed by the Grantee for its contractors; and
(9)
be eligible support and supervisory costs, but only for grantees for whom the Department
has approved such costs. Such support and supervisory costs mean those supervisory
costs allocated to the capital project based on an approved cost allocation plan and
support services costs. Provided however, that the Department will not consider for
approval a cost allocation plan that has not been approved by either the Federal Transit
Administration or the Grantee's cognizant federal agency; and, provided further, that the
State Capital Grant
Page 11
support costs shall not exceed two (2) percent of the amount of any grant for the
purchase of rolling stock and six (6) percent of the amount of any grant for all other types
of capital projects.
(10) not be expenditures incurred by the Grantee which exceed the amount budgeted for a
specific project line item (i.e. project element, job order or item) unless, at the time of
completion of the project line item, those expenditures meet all of the requirements
below:
(a) Justification satisfactory to the Department is provided to explain the reason for the
overexpenditure and why that overexpenditure was not anticipated prior to exceeding the
budget for the project line item;
(b) The budget for the project line item covers the full scope of the project line item, i.e.,
the budget of the project line item is intended to be adequate for the completion of the
project line item (including, but not limited to, all engineering, material procurement, or
construction);
(c) The amount by which the expenditures exceed the budget for the project line item is
less than $10,000 or five percent of the approved budget of the project line item,
whichever is less;
(d) There are sufficient unspent funds in Contingencies which may be reallocated to the
budget of the project line item;
(e) The funds remaining in Contingencies after reallocation of the funds to the budget of
the project line item are sufficient, as determined by the Department, to provide for the
uncompleted portions of all project line items described in the Agreement; and
(f) The increased expenditure will not cause the allowable State Grant for the Project to
be exceeded..
However, in the event that it may be impractical to determine exact costs of indirect or service
functions, eligible costs will include such allowances for these costs as may be approved by
the Department.
D. Documentation of Project Costs - All costs charged to the Project, including any approved
services contributed by the Grantee or others, shall be supported by properly executed
payrolls, time records, invoices, contracts, or vouchers evidencing in detail the nature and
propriety of the charges, in form and content satisfactory to the Department.
E. Checks, Orders, and Vouchers - Any check or order drawn by the Grantee with respect to any
item which is or will be chargeable against the Project Account will be drawn only in
accordance with a properly signed voucher then on file in the office of the Grantee stating in
proper detail the purpose of which such check or order is drawn. All checks, payrolls, invoices,
contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to the
Project shall be clearly identified, readily accessible, and, to the extent feasible, kept separate
and apart from all other documents.
F. Record Retention - The Grantee shall maintain (and cause its contractors to maintain), for a
minimum of three(3) years after the completion of the Agreement (which shall occur after the
State Capital Grant
Page 12
completion of settlement of audit findings), all books, records, and supporting documents to
verify the amounts, receipts, disbursements, recipients, and uses of all funds passing in
conjunction with the Agreement; the Agreement and all books, records, and supporting
documents related to the Agreement shall be available for review and audit by the Auditor
General or the Department (hereinafter "Auditing Parties "); and the Grantee agrees to
cooperate fully with any audit conducted by the Auditing Parties 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 Department for the recovery of any
funds paid by the Department under the Agreement for which adequate books, records, and
supporting documentation are not available to support their purported disbursement.
G. General Audit and Inspection - The Grantee shall permit, and shall require its contractors to
permit, the Department or any other State agency authorized to perform such audit and
inspection, to inspect all work, materials, payrolls, and other data and records, with regard to
the Project, and to audit the books records and accounts of the Grantee and its contractors
with regard to the Project. The Department may also require the Grantee to furnish at any time
prior to close -out of the Project, audit reports prepared according to generally accepted
accounting principles. The Grantee agrees to comply promptly with recommendations
contained in the Department's final audit report.
H. Unused Funds - The Grantee agrees that upon completion of the Project, and after payment or
provision for payment or reimbursement of all Eligible Costs, the Grantee shall refund to the
Department any unexpended balance of the Grant. Prior to close -out, however the
Department reserves the right to deobligate unspent funds.
ITEM 12 - REQUISITIONS AND PAYMENTS
A. Requests for Payment by the Grantee - The Grantee must submit written requisitions for
reimbursement of the State share of eligible costs, and the Department will honor any properly
submitted requests in the manner set forth in this ITEM. In order to receive grant payments
pursuant to this Agreement, the Grantee must:
(1) complete, execute and submit to the Department requisition forms supplied by the
Department in accordance with the instructions contained therein;
(2) submit to the Department an explanation of the purposes for which costs have been
incurred to date or are reasonably expected to be incurred within the requisition period (not
more than 30 days after the date of submission or as otherwise authorized by the Department),
and vouchers, invoices, or other documentation satisfactory to the Department to substantiate
these costs;
(3) where local funds are required, demonstrate or certify that the Grantee has supplied
local funds adequate, when combined with the State payments and any applicable federal
payments, to cover all costs to be incurred through the end of the requisition period;
(4) have submitted all financial and progress reports currently required by the Department;
and
(5) have received approval by the Department for all budget revisions required to cover all
costs to be incurred through the end of the requisition period.
State Capital Grant
Page 13
B. Payment by the Department — Only costs incurred in accordance with the terms and conditions
of this Agreement shall be reimbursable. Upon receipt of the requisition form and the
accompanying information in satisfactory form, the Department will process the requisition,
provided that the Grantee is not in violation of any of the terms of this Agreement, has satisfied
the Department of its need for the State funds requested during the requisition period, and is
making progress, satisfactory to the Department, towards the timely completion of the Project.
If all of these circumstances are found to exist, the Department shall reimburse apparent
allowable costs incurred (or to be incurred during the requisition period) by the Grantee, from
time to time, but not in excess of the maximum amount of the State share therefor as shown in
the Approved Project Budget. Requisitions shall not be submitted more frequently than
monthly. Reimbursement of any cost pursuant to this ITEM shall not constitute a final
determination by the Department of the allowability of such cost, and shall not constitute a
waiver of any violation of the terms of this Agreement committed by the Grantee. The
Department will make a final determination as to allowability only after a final audit of the
Project has been concluded.
In the event the Department determines that the Grantee is not currently eligible to receive any
or all of the funds requested, it shall promptly notify the Grantee stating the reasons for such
determination.
C. Disallowed Costs - In determining the amount of the Grant, the Department will exclude; (i) all
Project costs incurred by the Grantee prior to the date of this Agreement, or other date
specifically authorized by the Department, whichever is earlier; (ii) costs incurred by the
Grantee which are not provided for in the latest Approved Project Budget for the Project; and
(iii) except as otherwise provided in Department guidelines, costs attributable to goods or
services received under a contract or other arrangement which has not been concurred in or
approved in writing by the Department. Costs of construction performed by employees of the
Grantee will also be disallowed as eligible Project costs unless the use of such employees is
specifically approved in advance by the Department.
ITEM 13 - RIGHT OF DEPARTMENT TO TERMINATE
Upon written notice to the Grantee, the Department reserves the right to suspend or terminate all or
any part of the financial assistance herein provided for (i) when the Grantee is, or has been in
violation of the terms of this Agreement, (ii) for Department convenience, or (iii) when the
Department determines, in its sole judgment, that the purpose of the Acts would not be adequately
served by continuation of Department financial assistance to the Project. Termination of any part of
the Grant will not invalidate obligations properly incurred by the Grantee and concurred in by the
Department prior to the date of termination, to the extent they are non - cancelable. Neither the
acceptance of a remittance by the Department of any or all Project Funds from the Grantee or the
closing out of State financial participation in the Project shall not constitute a waiver of any claim
which the State may otherwise have arising out of this Agreement.
Upon the occurrence of any condition or conditions listed in this ITEM for termination or suspension,
the Parties agree that the Department, by written notice to the Grantee, may elect to withhold or
delay payment as provided in the Approved Project Budget, or any portion thereof; or, if payment or
payments have already been made pursuant hereto, to recall such payment or payments or any
portion thereof. The Grantee agrees that upon receipt of such notice of recall the Grantee shall
State Capital Grant
Page 14
immediately return such Grant payment or payments, or any portion thereof, which the Grantee has
received pursuant hereto.
The foregoing remedies shall become available to the Department if the Grantee violates the terms
of this Agreement and /or if one or more of the of the following occurs:
a. There is any misrepresentation of a material nature in the Grantee's Application, or
amendment thereof, or otherwise in respect to this Agreement, or in any document or data
furnished pursuant hereto, or in any other submission of the Grantee required by the Department
in connection with the Grant;
b. There is pending litigation which, in the opinion of the Secretary of the Department, may
jeopardize the Grant or the carrying out of this Agreement;
c. There has been, in connection with the Grant, any violation of the State or Federal
regulations, ordinances or statutes applicable to the Grantee, its officers or employees which, in
the opinion of the Secretary, affects this Agreement;
d. Any funds provided by the Department pursuant to this Agreement are used for an ineligible
purpose;
e. The Grantee is unable to substantiate the proper use of the Grant provided pursuant to this
Agreement;
f. The Grantee is in default under any of the provisions of this Agreement;
g. There is a failure to make progress which, in the judgment of the Department, significantly
endangers substantial completion of performance of the Project within a reasonable time.
h. The Grantee has failed to maintain the Project Facilities as required by this Agreement;
i. The Department determines that the purposes of the Acts would not be adequately served by
continuation of State assistance to the Project, or
j•
The state Legislature fails to make sufficient appropriations for this Grant.
ITEM 14 - PROJECT SETTLEMENT AND CLOSE -OUT
Upon receipt of notice of successful completion of the Project or upon termination by the
Department, the Department shall perform a final audit of the Project to determine the allowability of
costs incurred, and shall make settlement of the Grant described in this Agreement. If the
Department has made payment to the Grantee in excess of the total amount of such Grant, as
determined by final audit, the Grantee shall promptly remit such excess to the Department. The
Project close -out occurs when the Department notifies the Grantee that the Project is closed -out and
forwards the final Grant payment, as determined by final audit, to the Grantee, or when an
appropriate refund of Grant funds, as determined by final audit, has been received from the Grantee
and acknowledged by the Department. Close -out shall be subject to any continuing obligations
imposed on the Grantee by this Agreement or contained in the final notification or acknowledgment
from the Department.
State Capital Grant
Page 15
ITEM 15 - GRANTEE'S WARRANTIES
The Grantee represents that it has lawfully entered into this Agreement. The Grantee further agrees
to initiate and consummate any and all other actions that may later be necessary to make this a legal
and binding obligation and agreement of the Grantee. The Grantee warrants that there is no
provision of its charter or by -laws, or any rules, regulations, or legislation which prohibits, voids, or
otherwise renders unenforceable against the Grantee any provision or any clause of this Agreement
or any law referred to in this Agreement. The Grantee warrants further (i) that it has paid all federal,
state and local taxes levied or imposed and will continue to do so, excepting only those which may be
contested in good faith, (ii) that the Grantee has or will obtain all licenses, permits or other
authorizations required to meet the obligations assumed hereunder and (iii) that the Grantee will
comply with all lawful statutes, ordinances, rules, and regulations as may apply to the obligations
assumed hereunder. The Grantee agrees that prior to Department execution of this Agreement, the
Grantee will provide to the Department:
a. An opinion of counsel, acceptable to the Department that the Grantee is an eligible
participant in the Project, that the Grantee has complied fully with the pertinent requirements of
State and Federal law, its charter, bylaws and internal procedures in entering into this
Agreement; that there is no pending litigation concerning the authority of the Grantee to enter into
this Agreement, and that this Agreement is legally binding upon the Grantee; and
b. A certified copy of the resolution of the Grantee's governing board authorizing and approving
execution of this Agreement; and
c. An executed copy of the "State of Illinois Drug Free Workplace Certification."
ITEM 16 - CONTRACTS OF THE GRANTEE
The Grantee shall not execute any contract or obligate itself in any other manner with any third party
with respect to the Project, without the prior written approval by an authorized representative of the
Department except where otherwise provided in Department guidelines, or otherwise specifically
approved in writing by the Department. Each contract entered into by Grantee must be approved by
the Department prior to the Grantee executing such contract, except as provided in Department
guidelines.
The Grantee shall include a requirement in all Grantee contracts with third parties that the contractor
complies with the requirements of this Agreement in performing such contract, and that the contract
be subject to the terms and conditions of this Agreement.
ITEM 17 - COMPETITIVE BIDDING
Grantee agrees to give full opportunity for free, open and competitive bidding for each contract to be
let by Grantee calling for the construction or furnishing of any materials, supplies, or equipment to be
paid for with Project Funds, and Grantee shall give such publicity in its advertisements or calls for
bids for each such contract as will provide adequate competition. The award of each such contract
shall be made by Grantee as soon as practical to the lowest responsible bidder, except as otherwise
provided in Department guidelines or as otherwise specifically approved in writing by the Department.
Contracts for professional or consulting services and contracts for the purchase of land, real estate,
transit property, or other real or personal property not normally acquired through competitive bidding
are specifically excluded from the requirements of this ITEM, except that contracts for professional
State Capital Grant
Page 16
and consulting services shall be awarded only after competitive solicitation of proposals from at least
three qualified firms, as required by Department guidelines.
ITEM 18 - THIRD PARTY CONTRACT CHANGES
After approval thereof by the Department, no change or modification of the scope of the work or cost
thereof shall be made to any contract of the Grantee and no work shall commence and no costs or
obligations incurred in consequence of such change or modification except as provided in
Department guidelines, unless such change or modification is specifically approved in writing by the
Department, and, where required, until the Approved Project Budget has been amended by the
Department as may be necessary to accommodate such change or modification.
ITEM 19 - PRE -BID REVIEW
Except as otherwise provided in Department guidelines or as otherwise specifically approved in
writing by the Department, the Grantee agrees that, prior to advertising for any bids for any work to
be performed under ITEM 17 - COMPETITIVE BIDDING, the Grantee shall submit one copy each of
the proposed contract, plans and specifications, proposed advertisement for bids, and all related
bidding documents, to the Department for approval. The bid invitation or advertisement shall include
a statement that the contract to be let is subject to the terms and conditions of this Agreement
between the Grantee and the Department.
ITEM 20 - PRE -AWARD REVIEW AND APPROVAL OF CONTRACTS AND APPROVAL OF
EMINENT DOMAIN PROCEEDINGS
Except as otherwise provided in Department guidelines or as otherwise specifically approved in
writing by the Department, the Grantee agrees to obtain Department approval prior to making any
award to other than the low bidder, including but not limited to; (i) instances in which the Grantee
determines that the low bid is not responsive or that the low bidder is not responsible or should be
disqualified for other reasons, (ii) prior to award of any contract valued at $100,000 or more, and (iii)
prior to award of any contract not competitively bid. Also the Grantee shall obtain Department
approval prior to instituting eminent domain proceedings.
ITEM 21 - POST -AWARD REQUIREMENTS
Within thirty (30) days after award of any third -party contract, the Grantee shall submit a copy of the
executed contract and related documents as required by Department guidelines or when otherwise
requested by the Department.
ITEM 22 - ASSIGNMENTS
The Grantee agrees that this Agreement shall not be assigned, transferred, conveyed, sublet or
otherwise disposed of without the prior written consent of the Department, which consent may be
withheld.
The Grantee also agrees that no contract for construction work or professional or consulting services
of any kind in connection with the Project shall be assigned, transferred, conveyed, sublet or
otherwise disposed of without the prior written consent of the Department.
State Capital Grant
Page 17
ITEM 23 - PERFORMANCE BOND
The Grantee agrees to require that each contractor performing construction work on the Project shall
furnish a performance bond in an amount equal to at least one hundred percent (100 %) of the
contract price as security for the faithful performance of the contract. However, the requirements of
this ITEM shall be satisfied by the filing with the Department of certified copies of such bonds of
equal or better coverage required by the terms of any Federal Capital Grant Contract applicable to
the Project.
ITEM 24 - COOPERATION IN CONNECTION WITH INSPECTION
In connection with any inspection on behalf of the Department under this Agreement, the Grantee
agrees to cooperate fully by making available to the Department reports of all prior inspections
(including quality control and safety) and by performing such analyses and tests, and furnishing of
reports thereof, as may be reasonably requested by the Department, and by allowing Department
representatives to carry out any and all physical inspections of Project Facilities, and examination of
Project records thereof, as from time to time requested by the Department. All such inspections shall
be performed with minimum disruption or interference with the service(s) provided or supported by
this Agreement. The results or conclusions of such inspections, tests, and reports shall not be
construed as altering in any way the Grantee's responsibility to conform its work to this Agreement, to
maintain and repair Project Facilities, maintain its work schedule, and to meet any other obligation
assumed by the Grantee hereunder.
ITEM 25 - INDEMNIFICATION AND INSURANCE
The Grantee agrees to save harmless and indemnify the State, and its officials, employees and
agents, from any and all losses, expenses, damages (including loss of use), suits, demands and
claims and shall defend any suit or action, whether at law or in equity, brought based on any alleged
injury (including death) or damage arising from the actions or inactions of a Grantee, and /or Grantee
employees, officials, agents, contractors and subcontractors and shall further pay all damages,
judgments, costs, fees, and expenses, including attorney's fees, incurred by the State and its
officials, employees and agents in connection therewith.
The Grantee agrees that it will maintain or cause to be maintained, for the duration of the Project,
such self - insurance or policies of insurance as will protect the Grantee from any other claims for
damages to property or for bodily injury including death, which may arise from or in connection with
the operations hereunder by the Grantee, or by anyone directly or indirectly employed by or
associated with it, and the Grantee shall at all times during the Project maintain and furnish the
Department with current certificate(s) evidencing all such required insurance coverage. The cost of
such insurance carried by the Grantee shall not be an item of eligible Project cost.
ITEM 26 - NON - WAIVER
The Grantee agrees that in no event shall any action on behalf of or by the Department, including the
making by the Department of any payment under this Agreement, constitute or be construed as a
waiver by the Department of any breach by the Grantee of any terms of this Agreement or any default
on the part of the Grantee which may then exist; and any action, including the making of a payment
by the Department while any such breach or default shall exist, shall in no way impair or prejudice
any right or remedy available to the Department in respect to such breach or default. The remedies
available to the Department under this Agreement are cumulative and not exclusive. The waiver or
State Capital Grant
Page 18
exercise of any remedy shall not be construed as a waiver of any other remedy available hereunder
or under general principles of law or equity.
ITEM 27 - NON - COLLUSION
The Grantee warrants that it has not paid and agrees not to pay hereafter any bonus, commission,
fee or gratuity for the purpose of obtaining any approval of its application for any grant pursuant to
this Agreement. The Grantee further represents and warrants that no State officer or employee, or
member of the State General Assembly or of any unit of local government which contributes to the
Project funds, shall be entitled to any share or part of this Agreement or to any benefits arising
therefrom.
ITEM 28 - INDEPENDENCE OF GRANTEE
In no event shall the Grantee or any of its employees, agents, contractors or subcontractors be
considered agents or employees of either the Department or the State of Illinois. Furthermore, the
Grantee agrees that none of its employees, agents, contractors or subcontractors will hold
themselves out as, or claim to be, agents, officers or employees of the Department or the State of
Illinois, and will not by reason of any relationship with the Grant make any claim, demand or
application to or for any right or privilege applicable to an agent, officer or employee of the
Department or the State of Illinois, including but not limited to, rights and privileges concerning
worker's compensation and occupational diseases coverage, unemployment compensation benefits,
Social Security coverage or retirement membership or credit.
ITEM 29 - LABOR LAW COMPLIANCE
The Grantee agrees to comply with all labor laws pertaining to the Project, if any, and all applicable
State and federal laws and regulations including, but not limited to, the following: laws and
regulations relating to minimum wages to be paid to employees, limitations upon the employment of
minors, minimum fair wage standards for minors, payment of wages due employees, and health and
safety of employees.
The Grantee also agrees to require any contractor doing construction work or performing
professional or consulting service in connection with the Project to agree to such compliance.
ITEM 30 - EQUAL EMPLOYMENT PRACTICES
The Grantee shall comply with the "Equal Employment Opportunity Clause" required by the Illinois
Department of Human Rights. It is understood that the term "contractor", in this Item shall also mean
"Grantee." The Equal Employment Opportunity Clause reads as follows:
In the event of the Contractor's non - compliance with any provisions of this Equal Employment
Opportunity Clause, the Illinois Human Rights Act Rules and Regulations of the Illinois
Department of Human Rights ( "Department "), the contractor may be declared ineligible for future
contracts or subcontracts with the State of Illinois or any of its political subdivisions or municipal
corporations, and the contract may be canceled or voided in whole or in part, and such other
sanctions or penalties may be imposed or remedies invoked as provided by statute or regulation.
During the performance of this contract, the contractor agrees as follows:
State Capital Grant
Page 19
1. That it will not discriminate against any employee or applicant for employment because
of race, color, religion, sex, national origin, ancestry, age, physical or mental handicap
unrelated to ability, or an unfavorable discharge from military service; and further that it
will examine all job classifications to determine if minority persons or women are
underutilized and will take appropriate affirmative action to rectify any such
underutilization.
2. That, if it hires additional employees in order to perform this contract or any portion
thereof, it will determine the availability (in accordance with the Department's Rules and
Regulations) of minorities and women in the area(s) from which it may reasonably recruit
and it will hire for each job classification for which employees are hired in such a way that
minorities and women are not underutilized.
3. That, in all solicitations or advertisements for employees placed by it or on its behalf, it
will state that all applicants will be afforded equal opportunity without discrimination
because of race, color, religion, sex, national origin or ancestry, physical or mental
handicap unrelated to ability, or an unfavorable discharge from military service.
4. That it will send to each labor organization or representative of workers with which it has
or is bound by a collective bargaining or other agreement or understanding, a notice
advising such labor organizations or representative of the contractor's obligations under
the Illinois Human Rights Act and the Department's Rules and Regulations. If any such
labor organization or representative fails or refuses to cooperate with the contractor in its
efforts to comply with such Act and Rules and Regulations, the contractor will promptly
notify the Department and the contracting agency and will recruit employees from other
sources when necessary to fulfill its obligations thereunder.
5. That it will submit reports as required by the Department's Rules and Regulations,
furnish all relevant information as may from time to time be requested by the Department
or the contracting agency, and in all respects comply with the Illinois Human Rights Act
and the Department's Rules and Regulations.
6. That it will permit access to all relevant books, records, accounts, and work sites by
personnel of the contracting agency and the Department for purposes of investigation to
ascertain compliance with the Illinois Human Rights Act and the Department's Rules and
Regulations.
7. That it will include verbatim or by reference the provisions of this ITEM in every contract
and subcontract it awards under which any portion of the contract obligations are
undertaken or assumed, so that such provisions will be binding upon such subcontractor.
In the same manner as with other provisions of this Agreement, the contractor will be
liable for compliance with applicable provisions of this clause by such contractors and
subcontractors; and further it will promptly notify the contracting agency and the
Department in the event any contractor or subcontractor fails or refuses to comply
therewith. In addition, the contractor will not utilize any contractor or subcontractor
declared by the Illinois Human Rights Commission to be ineligible for contracts or
subcontracts with the State of Illinois or any of its political subdivisions or municipal
corporations.
8. The Grantee shall have written sexual harassment policies that shall include, at a
minimum, the following information: (i) the illegality of sexual harassment; (ii) the
State Capital Grant
Page 2 0
definition of sexual harassment, under State law; (iii) a description of sexual harassment,
utilizing examples; (iv) the Grantee'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."
ITEM 31 - SEVERABILITY
The Parties agree that if any provision of this Agreement is held invalid for any reason whatsoever,
the remaining provisions shall not be affected thereby if such remainder would then continue to
conform to the purposes, terms and requirements of applicable law.
ITEM 32 - PATENT RIGHTS
Any patentable result arising out of this Agreement, as well as all information, design, specifications,
know -how, data and findings shall be made available to the United States of America and to the
State for public use, unless the Parties shall determine, in a specific case where it is legally
permissible, that it is in the public interest that it not be so made available.
ITEM 33 - AMENDMENT
The Parties agree that no amendment to this Agreement, or any Exhibits or Attachments hereto,
shall be of any force or effect unless the amendment is dated, reduced to writing, executed by both
parties, and attached to and made a part of this Agreement. No work shall be commenced and no
costs or obligations shall be incurred in consequence of any amendment to this Agreement or any
attachments hereto unless and until such amendment has been executed and made a part of this
Agreement and the Approved Project Budget has been amended to conform thereto.
ITEM 34 - SCHOOL BUS OPERATIONS
Pursuant to 20 ILCS 2705/49.19 (6), and as a condition of receiving grant monies from the
Department, the Grantee certifies, by signing this Agreement, that it is not engaged in school bus
operations exclusively for the transportation of students and school bus personnel in competition with
private school bus operators where such private school bus operators are available to provide
adequate transportation at reasonable rates in conformance with applicable safety standards. If the
Grantee does engage in school bus operations exclusively for the transportation of students and
school bus personnel as described above, then the Grantee certifies that it operates a school system
in the area to be served thereby and operates a separate and exclusive school bus program for the
school system. The Grantee further agrees and certifies that it shall immediately notify the
Department in writing of its involvement in or its intention to become involved in any school bus
operation prohibited by Section 49.19 (6) after the date of this certification and this Agreement.
ITEM 35 - DRUG FREE WORKPLACE
The Grantee agrees to comply with the Illinois Drug Free Workplace Act (30 ILCS 580/1 et seq.) and
has signed the State of Illinois Drug Free Workplace Certification attached to this Agreement as
Exhibit C.
State Capital Grant
Page 21
ITEM 36 - TITLES
The Parties agree that the titles of the Items of this Agreement, hereinabove set forth, are inserted
for convenience of identification only and shall not be considered for any other purpose.
ITEM 37 - TAXPAYER IDENTIFICATION NUMBER
Under penalties of perjury, the Grantee certifies that 30 0004750 is the correct Federal Taxpayer
Identification Number. The entity is doing business as a governmental entity.
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be made effective and
executed as of the 12. day of D.v c`, t— , 20 01-, by their respective duly authorized
officials.
Accepted on behalf of : Village of Lemont
Sig : ure of uthorized
Jac\ c. 0ccozzCA t ►11a rZs 02.4n1--*
Type or Print Name of Authorized Re re entative
Ja t\ aa.5. -t acid-
Type or dint Title of Authorized Representative
Accepted on behalf of the State of Illinois, Department of Transportation:
Kirk Brown, Secretary of Transportation
State Capital Grant
Page 2 2
Illinois Department of Transportation
Division of Public Transportation
310 South Michigan Avenue / 16th. Floor
Chicago, Illinois / 60604
07/29/02 Exhibit B:
APPROVED PROJECT BUDGET
State grant: CAP -00- 704 -OGL
Grantee: Village of Lemont
Contract: 3087
Amendment: 02
Budget: 04
SCOPE: Commuter parking at Lemont station, Metra Heritage Corridor.
Lot with 53 spaces north of the I&M Canal, west of Ed Bossert
Drive ( Metra atlas lot 8).
This grant is for design, construction and construction
management.
Budget effective:
Budget 3 Change Budget 4
6402 Lemont Parking,
design engineering 22,200
construction management 25,000
Construction 140,000
contingencies 12,800
Expiration: 09/30/03
TOTALS FOR GRANT
200,000
200,000
0 22,200 K 100
0 25,000 K 100
0 140,000 K 100
0 12,800 K 100
0 200,000
0
200,000
Shares, per contract:
Federal
200,000 IDOT -Bond
Grantee
Subtotals from above:
0 0 0
200,000 0 200,000
0 0 0
200,000 NET PROJECT COST 200,000 0 200,000
There are no dollar changes. However, the STATE GRANT EXPIRATION DATE has
been changed to September 30, 2003.
B =IDOT regular bond; K =IDOT OGL Bond; G =IDOT GRF; H =IDOT Road Fund; L= grantee.
ABR System, BISTOGLBCA_pl XG .145 07/29/02 at 10:40:58. By: Imam.
EXHIBIT C
STATE OF ILLINOIS
DRUG FREE WORKPLACE CERTIFICATION
This certification is required by the Illinois Drug Free Workplace Act (30 ILCS 580/1 et seg.). The Illinois 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 for the procurement of any property or services from the State unless
that grantee or contractor has certified to the State that the grantee or contractor will provide a drug free
workplace. False certification or violation of the certification may result in sanctions including, but not limited
to, suspension of contract or grant payments, termination of the contract or grant and debarment of contracting
or grant opportunities with the State for at least one (1) year but not more than five (5) years.
For the purpose of this certification, "grantee" or "contractor" means a corporation, partnership, or other entity
with twenty -five (25) or more employees at the time of issuing the grant, or a department, division, or other unit
thereof, directly responsible for the specific performance under a contract or grant of $5,000 or more from the
State.
Grantee certifies and agrees that it will provide a drug free workplace by:
(a) Publishing a statement:
(1) Notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of
a controlled substance, including cannabis, is prohibited in the Grantee's 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.
(b) Establishing a drug free awareness program to inform employees about:
(1) the dangers of drug abuse in the workplace;
(2) the Grantee's policy of maintaining a drug free workplace;
(3) any available drug counseling, rehabilitation, and employee assistance programs; and
(4) the penalties that may be imposed upon an employee for drug violations.
(c) Providing a copy of the statement required by subparagraph (a) to each employee engaged in the
performance of the grant and to post the statement in a prominent place in the workplace.
(d) Notifying the Department 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.
Drug Free Certification 1
(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.
THE UNDERSIGNED AFFIRMS, UNDER PENALTIES OF PERJURY, THAT HE OR SHE IS AUTHORIZED TO
EXECUTE THIS CERTIFICATION ON BEHALF OF THE DESIGNATED ORGANIZATION.
—.—.; - -
Sicp latiire of Authorized Representative
V;tiles- la ./
Title
-- 1
Date
rev:05.01.96.01
s:\sub\contract\template\drugfree.doc\
Drug Free Certification 2
Grantee: Village of Lemont
Project No.: CAP -00- 704 -OGL Amendment No. 1
Contract No.: 3087
CERTIFICATE OF GRANTEE'S ATTORNEY
I F,_h 443 1-�� Af OrP° u f t s , acting as Attorney for
the Village of Lemont ( "Grantee "), do hereby certify that I have examined this
Agreement and the proceedings taken by the Grantee relating thereto, and
that the execution of the Agreement by the Grantee has been duly authorized
by the Grantee's action dated (a copy of which is
attached) and that the execution of this Agreement is in all respects due and
proper and in accordance with applicable State and local law and further that,
in my opinion, said Agreement constitutes a legal and binding obligation of the
Grantee in accordance with the terms thereof. I further certify that to the best
of my knowledge there is no legislation or litigation pending or threatened
which might affect the performance of the Project in accordance with the
terms of this Agreement.
s:\sub\contract\muni\704attyaml.doc
2002