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R-67-00 07/24/00RESOLUTION RESOLUTION AUTHORIZING AND APPROVING THE EXECUTION OF A MASS TRANSPORTATION CAPITAL ASSISTANCE GRANT AGREEMENT BETWEEN THE VILLAGE OF LEMONT AND THE ILLINOIS DEPARTMENT OF TRANSPORTATION WHEREAS, The provision and improvement of mass transportation facilities is essential to the development of a safe, efficient, functional mass transportation system; and WHEREAS, The Illinois Department of Transportation's authority to make such Grants, makes funds available to offset certain capital costs of providing and improving mass transportation facilities; and WHEREAS, Grants for said funds will impose certain obligations upon the recipient. NOW, THEREFORE, BE IT RESOLVED: Section 1: That an agreement be executed with the Division of Public Transportation, Department of Transportation, State of Illinois, for a financial Grant under the Illinois Department of Transportation's general authority to make such Grants, for the purpose of off - setting certain mass transportation facility capital costs of the Village of Lemont. Section 2: That R. Drew Irvin of the Village of Lemont is hereby authorized and directed to execute and file on behalf of the Village of Lemont such agreement. 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 24th day of July , 2000. John Benik Debby Blatzer Keith Latz Connie Markiewicz Rick Rimbo Mary Studebaker AYES NAYS PASSED ABSENT V CHARL E SMOLLEN, Village Clerk Approved by me this 24th day of ,100. Attest: CHARLENE SMOLLEN, Village Clerk fi RI 1r ARD A ASNESKI, Village President STATE OF ILLINOIS DEPARTMENT OF TRANSPORTATION DIVISION OF PUBLIC TRANSPORTATION AND VILLAGE OF LEMONT STATE CAPITAL GRANT AGREEMENT AGREEMENT NO. 3087 Approved as to Form by Chief Counsel's Office: REV4/20/99 s: \sub \contract \muni \704cga.doc STATE GRANT NO. CAP -00- 704 -OGL Illinois Department of Transportation Division of Public Transportation 310 South Michigan Avenue / 16th Floor / Chicago, Illinois / 60604 -4205 June 30, 2000 Mr. R. Drew Irvin Assistant to the Village Administrator Village of Lemont 418 Main Street Lemont, Illinois 60439 RE: CAP -00- 704 -OGL Contract #3087 Dear Mr. Irvin: Enclosed please find two copies of the Grant Agreement along with Budget No. 1 which, when executed, will enable the Village of Lemont to seek payment of costs associated with the design and construction of commuter parking at the Metra Heritage Corridor Lemont station. Please execute but do not date this Agreement, and return all copies to this office with the following: (a) Opinion of Counsel, (sample enclosed) that the Village of Lemont is an eligible applicant; that the Village of Lemont has complied fully with the pertinent requirements of state law, its charter, bylaws, and internal procedures; that there is no pending litigation concerning the authority of the Village of Lemont to enter into the Agreement; and that this Agreement is legally binding upon the Village of Lemont; (b) A certified copy of the resolution of the governing board of the Village of Lemont authorizing and approving the execution of this Agreement; (c) State of Illinois Drug Free Workplace Act Certification executed by the Village of Lemont. After the executed copies of the Grant Agreement are returned to us, we will secure Department execution and return one copy to you. Please do not incur any costs or enter into any third party agreements whose costs are reimbursable under this grant until the Agreement has been executed by both parties. If you have any questions, please contact Cyrell R. McLemore at 312 - 793 -2257. it \m u n i \70405180. d oc Sincerely, Neil D. Ferrari Bureau Chief Li 91 91 91 91 SI SI lueae Iel!del alelS NOISfITIOD-NON - LZ IAI111 NHAIVM-NON - 9Z IAI111 1DNVNfISNI (INV NOILVDI.IINW1UN1 - SZ IAI311 NOLLD1dSNI HIIM NOIID3NNOD NI NOI1V11Id00D - PZ W311 QNOI HDNVIAIN01N1d - £Z IA1111 S1NIIAIN9ISSV - ZZ IN1,LI SLN1IAi1NIf1a1N QNVMV-.LSOd - IZ IA1111 S9NIQI1DO11d NIVIAJOQ 1NINIIA1110'IVAOHddV (INV M1IA111 QNVMV-121d - OZ W111 SI MHIAIN QI11-121d - 61 IA1311 SI PI PI PI £I ZI ZI 6 8 L L 9 1' SHONVHD .LDVIIINO3 A1NVd Q111H1 - 81 V 1111 ONIUGIH 1AI1I11dIAI0D - LI IN311 111NVN01H110 S1DVN1NOD - 91 IAIHII SHI.LNVNNVM S111.LNVN9 - S I IA1111 1f10-1S01D (INV 1NIIA13 LL,L3S 1DIfONd - bl IAI1,L1 3IVNIIAIN11 O11NMA1ZNVd1Q 10 1H9111 - £I IA1111 SINHIAIAVd (INV SNOILISIf16111 - ZI IAI111 SQNODHN 9NI1NIIOXWV - I I IA1111 SDIHI1 - 01 IAII.LI SIPIddf1S GNV 1N3IAIdif101 `AIII3dONd'IV121 - 6 IA1111 13IAN1S 10 3 NVf1NI1NO3 - 8 IA1311 1D1t0Nd 1H1101NHIANHSI'IdIA1ODDV - L IAI311 SQNf11 INVII9 10 NOISNIA111 - 9 IAI]11 1N1IA111119V SIHI 9NIIAI110d S1NHIAIf1D0Q - S 1%1111 1,1OQf18 lD3fO11d 1H1- b WH1I INVNO 10 INf1OIAIV - £ IA1311 ID1CONd 3H1- Z W311 SNOIIINIIIQ - I IAJI11 SiNI.LNOD d0 1'IBVI £ lueae lel!de3 alelS „uognlosaH pieo8 s,aalueiio„ 'paIl!lue 'Q l!gigx� „'uo!leo!l!laa3 aoeld)laoM eaad 6naa s!ou!IlI to elelS,. 'Pell!lua '0 l!q!gx3 „'la6pn8 loa(oad panoaddy„ Pe11!lue '8 l!q!gx3 (luaualaedac eql le al!l uo) „`uo!leo!lddy s,aalueae„ pall!lue 'd l!cl!qxD 61 MAUI/WIN NOLLVDIdI,LN1QI NhAVdXV.L - L£ IAIJII 61 33V'I0111OM d311,1 9II2113 - 9£ Wd.L1 61 SNOIZVNddO SRg'IOOHDS - S£ W311 61 S flhIL - b£ W3.LI 61 ,L■11AIUN3WV - ££ Wall 61 S,LHOIN .LN3LVd - Z£ Nall 81 - I£ 1A131I Li S3DIIDVNd ItsinvA01dIATH ' Vf 3 - 0£ W3.LI Li dDNVI IdWOD MV'I NOgv'I - 6Z Wail LI dd.LNVNO d0 3DN3QNdddUNl - 8Z W311 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, 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 the 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: 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, less 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 federal or 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 budget is attached hereto and incorporated herein as Exhibit "B ", and in accordance with this Agreement and all applicable laws. The Project, which is State Capital Grant 4 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 Tess 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 written prior 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. 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. The Approved Project Budget (except as otherwise provided in ITEM 11 (c)) may be revised from time to time by 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. 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," 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, 2002, and grant funds are available to Grantee and State Capital Grant 5 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 payment of funds 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 all documents listed in Item 5, above, and in compliance with all applicable laws and Department guidelines. b. Pursuant to Federal, State, and Local Law - In performance of its obligations pursuant to this Agreement, the Grantee and its contractors shall comply with all applicable provisions of 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 its concurrence in or approval of the award 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. State Capital Grant 6 ITEM 8 - CONTINUANCE OF SERVICE The Grantee agrees to use its best efforts to continue to provide, either directly or by contract, as the case may be, the service 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 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 & 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 State Capital Grant 7 be adhered to. 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, repair or replace Project Facilities or pay for damage as a result of abuse 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. The amount of that interest shall be determined on the basis of the ratio of the assistance awarded by the Department for the Project 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. Any appraiser employed for such purposes shall be subject to the prior approval of the Department. 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 another reasonable method of determining fair market value be used, 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 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 or refund the fair market value of the State interest in such damaged Project Facilities. d. Obligations After Project Close -Out - The Grantee agrees that project close -out will not alter its property management obligations set forth in this Agreement. 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 State Capital Grant 8 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 requirement 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 - 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 certify that it has not been convicted of bribery or attempting to bribe an officer or employee of the State of Illinois, 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 the Grantee committed bribery or attempted bribery on behalf of the firm and pursuant to the direction or authorization of a responsible official of Grantee. The Grantee further certifies that it has 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 a. Project Accounts - The Grantee shall establish and maintain, as a separate set of accounts or as an integral part of its current accounting scheme, accounts for the Project in conformity with requirements established by the Department. 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. State Capital Grant 9 The Grantee agrees to report to the Department quarterly by the fifteenth day of the month following the reported quarter, and 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; (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 eligible Grantees. 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 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 over expenditure and why that over expenditure 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); State Capital Grant .10 (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 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. State Capital Grant 11 ITEM 12 - REQUISITIONS AND PAYMENTS a. Requests for Payment by the Grantee - The Grantee may submit written requisitions for payment of the State share of eligible costs, and the Department shall honor such 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), and vouchers, invoices, or other documentation satisfactory to the Department to substantiate these costs; (3) where local funds are required, demonstrate or certify that it 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. b. Payment by the Department - Upon receipt of the requisition form and the accompanying information in satisfactory form, the Department shall 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 of 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 conducted. In the event that 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 when the Grantee is, or has been in violation of the terms of this State Capital Grant 12 Agreement, for Department convenience, or 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. The acceptance of a remittance by the Department of any or all Project Funds previously received by 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 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 contributions 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 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 purpose of the Acts would not be adequately served by continuation of State assistance to the Project, or 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 State grant described in this Agreement. If the Department has made payment to the Grantee in excess of the total amount of such StateGrant, the Grantee shall promptly remit such excess to the State Capital Grant 13 Department. The Project close -out occurs when the Department notifies the Grantee that the Project is closed - out and forwards the final Grant payment or when an appropriate refund of State grant funds 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. ITEM 15 - GRANTEES WARRANTIES Grantee agrees to initiate and consummate all actions necessary to enable it to properly and lawfully enter into this Agreement. Grantee warrants that there is no provision of its charter, by -laws or any rules, regulations, or legislation which prohibits, voids, or otherwise renders unenforceable against Grantee any provision or clause of this Agreement. Grantee warrants further 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, that Grantee has or will obtain all licenses, permits or other authorizations required to meet the obligations assumed hereunder and that Grantee will comply with all lawful statutes, ordinances, rules, and regulations as may apply to the obligations assumed hereunder. Grantee agrees that prior to Department execution of this Agreement, Grantee will deliver to the Department: a. An opinion of counsel, acceptable to the Department that Grantee is an eligible participant in the Project, that 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 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 its 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 comply with the requirements of this Agreement in performing the contract, and 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 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 State Capital Grant 14 normally acquired through competitive bidding are specifically excluded from the requirements of this ITEM, except that contracts for professional and consulting services shall be awarded only after competitive solicitation of proposals from at least three qualified firms, as required by Department guidelines. ITEM 18 - THIRD PARTY CONTRACT CHANGES No change or modification of the scope of the work or cost thereof shall be made to any contract and no work shall commence and no costs or obligations incurred in consequence of such change or modification except as provided in Department guidelines or as otherwise 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 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, prior to award of any contract valued at $100,000 or more, (ii) prior to award of any contract not competitively bid, and (iii) 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 as 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 which consent may be withheld. State Capital Grant 15 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 the Department any and all physical inspections of Project Facilities, and records thereof, as requested by the Department. All such inspections shall be performed without disruption or interference with service 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 such facilities, maintain its work schedule, or 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), demands and claims and shall defend any suit or action, whether at law or in equity, brought against it based on any alleged injury (including death) or damage arising from the actions or inactions of a Grantee, and its employees, officials, agents, contractors and subcontractors and shall further pay all damages, judgments, costs 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 with limits and upon terms satisfactory to the Department as will protect the Grantee from any other claims for damages to property or for bodily injury including death, which may arise from or in connection with the operations hereunder by the Grantee, or by anyone directly or indirectly employed by or associated with it, and the Grantee shall 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 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 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. State Capital Grant 16 ITEM 27 - NON - COLLUSION The Grantee warrants that it has not paid and agrees not to pay thereafter 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: 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 under utilization. State Capital Grant 17 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 Departments 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 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 State Capital Grant 18 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 change or modification 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 - 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 35 - 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 36 - 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. ITEM 37 - TAXPAYER IDENTIFICATION NUMBER State Capital Grant 19 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 day of , 20 , by their respective duly authorized officials. cepted on behalf of: Village of Lemont nature of Authorized Representative Type or Print Name of Authorized Representative Type or Print Title of Authorized Representative Accepted on behalf of the State of Illinois, Department of Transportation: Kirk Brown, Secretary of Transportation State Capital Grant 20 Illinois Department of Transportation Division of Public Transportation 310 South Michigan Avenue / 16th. Floor Chicago, Illinois / 60604 05/12/00 Exhibit B: APPROVED PROJECT BUDGET State grant: CAP -00- 704 -OGL Grantee: Village of Lemont Contract: 3087 Budget: 1 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: 6402 Lemont Parking, 15.08.01 design engineering 15.08.02 construction management 15.11.40 construction 32.00.00 contingencies Budget 1 30,000 K 100 10,000 K 100 140,000 K 100 20,000 K 100 Expiration: 09/30/02 200,000 TOTAL FOR GRANT > 200,000 Shares, per contract: ( Share subtotals, from above: Federal 0 200,000 IDOT -Bond 200,000 Grantee 0 200,000 NET PROJECT COST 200,000 B =IDOT regular bond; K =IDOT OGL Bond; G =IDOT GRF; H =IDOT Road Fund; L= Grantee.. ABR Systeml, BISTOGLini_pl_XGIO, 05/12/00 at 15:24:06. By: suarez. 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 seq.). 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. , At. ignat e of 'ized Representative Title Date rev:05.01.96.01 s:\ sub\ contract \template \drugfree.doc\ Drug Free Certification 2 Grantee: Project No.: Contract No.: Village of Lemont CAP -00- 704 -OGL 3087 CERTIFICATE OF GRANTEE'S ATTORNEY I, j Hi !\ J ICJtJ O P° UL-0- , 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. V l LLB G Grantee a LEM D)J s:Asub \contract \rnuni \704atty.doc