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R-62-99 Approving Intergovernmental Agreement with the Illinois Department of Natural Resources for $250,000 Grant Funding for Logan Street Detention Pond ReconstructionRESOLUTION l4ac99 RESOLUTION APPROVING INTERGOVERNMENTAL AGREEMENT WITH THE ILLINOIS DEPARTMENT OF NATURAL RESOURCES FOR $250,000 GRANT FUNDING FOR LOGAN STREET DETENTION POND RECONSTRUCTION WHEREAS, the Village of Lemont has received a grant in the amount of $250,000 for the reconstruction of the Logan Street Detention Pond; and WHEREAS, the Illinois Department of Natural Resources will administer the grant and provide overall project management; and WHEREAS, whereas the Illinois Department of Natural Resources has required that the Village execute an intergovernmental agreement to initiate the funding of this project. NOW THEREFORE BE IT RESOLVED THAT the Village President and Village Clerk are authorized to sign the intergovernmental agreement which is attached. PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COUNTIES OF COOK, WILL, AND DU PAGE, ILLI NOIS on this 23rd day of August . 1999. John Benik Debby Blatzer Keith Latz Connie Markiewicz Rick Rimbo Mary Studebaker Approved by me this 23rd day of August CHARLENE SMOLLEN, Village Clerk Approved as to form: /s/ John Antonopoulos Village Attorney Date: 8/23/99 AYES V V NAYS PASSED ABSENT v ENE SMOLLEN, Village Clerk . K SKI, Village President INTERGOVERNMENTAL AGREEMENT between the VILLAGE OF LEMONT and the STATE OF ILLINOIS/DEPARTMENT OF NATURAL RESOURCES for the LEMONT FLOOD CONTROL PROJECT Contract Number 095 THIS AGREEMENT is made between the Village of Lemont, hereinafter referred to as the "VILLAGE," and the State of Illinois/Department of Natural Resources /Office of Water Resources, hereinafter referred to as the "DEPARTMENT," WITNESSETH: WHEREAS, the VILLAGE and the DEPARTMENT are both legal entities, organized and existing under the laws of the State of Illinois, having among their powers the authority to perform such undertakings as described herein; and WHEREAS, the Illinois General Assembly has granted the VILLAGE and the DEPARTMENT the authority to enter into agreements for the purposes described herein under the "Intergovernmental Cooperation Act," 5 ILCS 220 (1998 State Bar Edition); and WHEREAS, the DEPARTMENT has approved participation in flood control projects to the extent allowed by its statutory authority under the "Flood Control Act of 1945," 615 ILCS 15 (1998 State Bar Edition); and WHEREAS, the VILLAGE and DEPARTMENT wish to complete the Lemont Flood Control Project, hereinafter referred to as the "PROJECT," which includes the replacement of the existing culverts at New Avenue and Main Street; the construction of a berm to elevation 598.0 from Main Street to Povolish Court, from Main Street to New Avenue, and construction of the ditch from New Avenue to the railroad; the replacement of the Logan Street Pond with a similar structure; reinforcement of the existing Rock Creek Center Pond outlet structure by extending the reinforced concrete deeper into the left abutment (looking downstream); and the installation of erosion control measures upstream of the Rock Creek Center Pond; and WHEREAS, based on a report entitled "Special Engineering Study, Lemont Flood Control - October 1998 ", prepared by the VILLAGE and filed with the Illinois General Assembly as required by law, it has been determined that the DEPARTMENT should proceed to assist the VILLAGE in implementing the PROJECT; and WHEREAS, the Illinois General Assembly appropriated to the DEPARTMENT the sum of $250,000 from the General Revenue Fund under Public Act 91 -0020, Article 20, Section 107, for a grant to the VILLAGE for Logan Street Detention Pond and associated downstream flood control improvements; and WHEREAS, the DEPARTMENT has determined that the execution of this AGREEMENT is subject to the signature requirements of the "State Finance Act," 30 ILCS 105/9.02 (1998 State Bar Edition). NOW THEREFORE, for and in consideration of the benefits to be derived from the completion of the PROJECT, the sufficiency of which is hereby acknowledged, it is agreed between the parties hereto as follows: PART A. SPECIAL CONDITIONS 1. The recitals set forth are incorporated by reference and made a part hereof, the same constituting the factual basis for this transaction. 2. The estimated cost of the PROJECT is $710,000. The DEPARTMENT's funding obligation under this AGREEMENT will terminate upon the completion of the PROJECT, when the DEPARTMENT's maximum cost share is expended, or June 30, 2002, whichever comes first. The DEPARTMENT's funding obligation will cease without penalty of further payment being required if in any fiscal year the General Assembly fails to appropriate or otherwise make available sufficient funds for this AGREEMENT. 3. The DEPARTMENT will not participate in any PROJECT costs incurred by the VILLAGE prior to the full execution of this AGREEMENT. 4. All provisions of this AGREEMENT will be binding upon the successors and assigns of the principal parties hereto. 5. This AGREEMENT may only be modified, assigned, supplemented, amended, or extended in writing, by mutual agreement of the parties hereto. PART B. VILLAGE OF LEMONT 1. The VILLAGE will prepare or cause to be prepared, the final design plans, specifications, and contract documents; advertise for bids; make the contract award; and shall supervise the construction (resident engineering) for the PROJECT. The plans will show the designated boundaries of the lands, easements, and rights -of -way, hereinafter referred to as "property rights," required for the construction, operation and maintenance of the PROJECT. 2. The VILLAGE will acquire in the name of the VILLAGE, without cost to the DEPARTMENT, all property rights necessary for construction, operation, and maintenance of the PROJECT. All expenses associated with acquiring the VILLAGE's property rights such as title commitments, attorney fees, survey costs, appraisal costs, recording costs, preparation of legal descriptions and plat drawings, and any other incidental expenses will be borne by the VILLAGE. The VILLAGE will furnish to the DEPARTMENT copies of conveyance documents on all property rights acquired by the VILLAGE for review and approval by the DEPARTMENT. 3. The VILLAGE hereby grants to the DEPARTMENT, or its assignee, the right to enter upon any such property rights for construction inspection, periodic maintenance inspections, and in the 2 event the provisions of Item C. 3. herein are invoked by the DEPARTMENT for failure of the VILLAGE to operate and maintain the PROJECT. 4. The VILLAGE will be responsible for obtaining all federal, state, and local permits required for the construction and maintenance of the PROJECT. The execution of this AGREEMENT by the DEPARTMENT does not relieve the VILLAGE from obtaining any required permit from the DEPARTMENT. The VILLAGE will be responsible to abide by all federal, state, and local laws, ordinances, rules, and regulations during construction, operation, and maintenance of the PROJECT. The VILLAGE will also be responsible to satisfy all state environmental laws, regulations, and executive orders that apply because of state funds being used on the PROJECT. 5. The VILLAGE will be responsible for all utility alteration or relocation and for all fence removal and /or replacement required as a result of the PROJECT construction, including any utility and fence related work shown on the plans. Utilities include, but are not limited to, electrical, cable television, and communication lines and oil, gas, sewer, and water pipelines. 6. The VILLAGE will be responsible for the payment of all costs over and above the DEPARTMENT's $250,000 maximum cost share. 7. All contracts let by the VILLAGE for construction of the PROJECT will require that the contractor abide by the provisions of the "Prevailing Wage Act," 820 ILCS 130 (1998 State Bar Edition). 8. The VILLAGE will supply all documentation necessary to support any requests for payment of costs from the DEPARTMENT as indicated in Item C. 2. 9. The VILLAGE will assume responsibility for all costs associated with the operation, maintenance, repair, and rehabilitation of the PROJECT, after construction completion, to ensure that the PROJECT continues to serve the intended purpose. Maintenance will include, but not be limited to, keeping the area clear of all trash and other debris, or any other matter that might tend to impede proper and free flow of water and ensuring grass covered areas are mowed to a height of six inches or less at least twice each year. On areas that cannot be mowed, measures will be taken annually to eliminate unwanted woody growth larger than one -half inch in diameter. Measures will also be taken as conditions require to correct any substantial erosion problems within the PROJECT area. The PROJECT, including all structural components, will be maintained in such a manner to assure that it will provide the required waterway capacity and floodwater storage during flood, low flow and all other periods. 10. The VILLAGE will maintain, for a minimum of three years after the completion of the PROJECT, adequate books, records, and supporting documents to verify the amounts, recipients, and uses of all disbursements of funds paid in conjunction with this AGREEMENT. This AGREEMENT and all books, records, and supporting documents related to the PROJECT will be made available for review and audit by the Illinois Auditor General and /or the DEPARTMENT. The VILLAGE agrees to cooperate fully with any audit conducted by the Auditor General and /or the DEPARTMENT and to provide full access to all relevant materials. Failure to maintain the books, records, and supporting documents required by this Item B. 10. will establish a presumption in favor of the DEPARTMENT for 3 the recovery of any funds paid by the DEPARTMENT under this AGREEMENT for which adequate books, records, and supporting documentation are not available to support their purported disbursement. 11. The VILLAGE will maintain eligibility in the National Flood Insurance Program. The VILLAGE will continue to adopt and enforce required ordinances, satisfactory to the Federal Emergency Management Agency and to the DEPARTMENT, relative to the regulation of development in floodplains under the jurisdiction and control of the VILLAGE. The VILLAGE will be responsible, without cost to the DEPARTMENT, for updating any flood insurance studies related to the PROJECT. 12. The VILLAGE will hold and save the DEPARTMENT and any of its duly appointed agents and employees harmless against any loss, damage, cause of action, fine or judgment, including all cost connected therewith, such as attorney and witness fees, filing fees and any other expenses incident thereto, that may be incurred by reason of personal injury, death, property damage and any and all other claims or suits of whatsoever nature that might arise or result from or as a consequence of the design, location, construction, operation and maintenance of the PROJECT. The VILLAGE will further hold the DEPARTMENT harmless in regard to the handling and disposal of any hazardous or special wastes that might be discovered on any of the PROJECT property rights. The VILLAGE will not be responsible to hold the DEPARTMENT harmless against any loss, damages, cost or expenses arising out of negligent acts or omissions by the DEPARTMENT or its agents or employees. PART C. DEPARTMENT OF NATURAL RESOURCES 1. The DEPARTMENT will review and approve the planning and engineering of the PROJECT to assure acceptable project design and performance, and will approve the final PROJECT plan. The DEPARTMENT will also approve, in writing, the final design plans, specifications, contract documents, and property rights prior to the VILLAGE advertising for bids. Further, the DEPARTMENT will review all bids received and approve the acceptance of a bid or the rejection thereof, and will make random inspections during the construction of the PROJECT. 2. The DEPARTMENT's maximum cost share in this PROJECT is $250,000. The VILLAGE will be responsible for all costs in excess of the DEPARTMENT's share. The DEPARTMENT will make payments to the VILLAGE for PROJECT costs based on billings furnished by the VILLAGE to the DEPARTMENT, with documentation approved by the VILLAGE, certifying that the work covered under such billings has been completed, is in connection with the PROJECT, and is in line with the original estimates for the PROJECT. The DEPARTMENT will make payments to the VILLAGE for PROJECT construction costs based on billings furnished by the VILLAGE to the DEPARTMENT with documentation in the form of an "Engineer's Pay Estimate," approved by the VILLAGE's resident engineer, certifying that the work covered under such billings has been completed, is in connection with the construction of the PROJECT, and is in line with the original estimates for the PROJECT. The DEPARTMENT will review and give final approval of submitted costs prior to payment. 3. The DEPARTMENT will make periodic inspections subsequent to the completion of the PROJECT in order to ensure that adequate maintenance is being performed on the PROJECT. Should the DEPARTMENT determine that a maintenance problem exists, a joint inspection will be scheduled 4 and made by the VILLAGE and the DEPARTMENT. Failure of the VILLAGE to properly maintain the PROJECT, as indicated by a written report of such inspection, will permit the DEPARTMENT, upon thirty (30) days written notice and continued failure of the VILLAGE to perform the necessary maintenance work, to enter upon any of the PROJECT property rights for the purpose of performing such maintenance work. In this instance, the VILLAGE will reimburse the DEPARTMENT for any and all costs that may be incurred by the DEPARTMENT in connection therewith. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year written, and represent that the signatories below are duly authorized to execute this AGREEMENT on behalf of their respective bodies, and that the effective date of this AGREEMENT is the date approved and executed by the Director of the DEPARTMENT. STATE OF ILLINOIS RECOMMENDED: APPROVED: Donald R. Vonnahme, Director Office of Water Resources APPROVED: John Bandy, Chief Fiscal Officer ATTEST: Brent Manning, Director Department of Natural Resources Date: APPROVED: ert T. Lawley, Chief Legal ounsel VILLAGE OF LEMONT APPROVED: Charlene M. Smollen, Clerk 5 Date: asneski, Village President 8 23-57