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R-33-09 Agr. w/ State of IL/IL Dep. of Nat. Resources/Office of Water ResourcesRESOLUTION k- 3 RESOLUTION AUTHORIZING EXTENSION OF AGREEMENT WITH THE STATE OF ILLINOIS/ILLINOIS DEPARTMENT OF NATURAL RESOURCES /OFFICE OF WATER RESOURCES WHEREAS, the Village of Lemont entered into an agreement with the State of Illinois /Illinois Department of Natural Resources /Office of Water Resources in connection with the Lemont Detention Flood Control Project in the Recreation Bowl in 2005; and WHEREAS, the Village desires to extend the Agreement for an additional four years until June 30, 2013; and WHEREAS, the document attached hereto outlines the terms and conditions of the Amendment to Project Agreement Contract 207 (CDF2507) between the Village of Lemont and the State of Illinois /Illinois Department of Natural Resources /Office of Water Resources. NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES that the Village President is hereby authorized to execute the Amendment to the Project Agreement, Contract 207 (CDF2507) between the Village of Lemont and the State of Illinois /Department of Natural Resources /Office of Water Resources attached hereto as Exhibit A. 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 8th day of June , 2009. Debby Blatzer Paul Chialdikas Clifford Miklos Rick Sniegowski Ronald Stapleton Jeanette Virgilio Att AYES NAYS PASSED ABSENT V 1 v K. REAV , Village President CHARLENE SMOLLEN, Village Clerk Illinois Department of Natural Resources Pat Quinn, Governor One Natural. Resources Way Springfield, Illinois 62702 -1271 Mar Miller, Acting Director http:l(dnrstate.il.us May 26, 2009 Mr. Gary C. Holmes Village Administrator 418. Main Street Lemont, Illinois 60439 Dear Mr. Holmes: Enclosed please find necessary documents to be completed to extend the Intergovernmental Agreement, Contract 207, for the Lemont Flood Control Project. These documents consist of the Amendment to the Project Agreement CDF2507.01 and Attachment `A' Certification. Please complete the Project Sponsor section of the Amendment to the Project Agreement and execute the Amendment by signature of the Village President. Also complete the new Attachment 'A' Certification similar to that which was required with the original Agreement. Please note that Attachment 'A' has changed and on page 4 of the Certification the first box must be checked (Contractor is not required to register as a business ) Also note that the original Intergovernmental Agreement and Attachment `A' Certification are also included along with a copy of your letter labeled Exhibit `A', requesting the extension. It is not necessary to return these attachments. The completed Amendment and new Attachment `A' Certification can be mailed to me or faxed to my attention at 217 - 785 -5014. This Amendment will then be executed by the !Illinois Department of Natural Resources. One copy of the executed document with attachments, will be returned to the Village for your records. If you have any questions please contact me at (217)782 -4615. Sincerely, .Q47Ati- A 01160 Thomas G. Maloney, P.E. Acting Chief Environmental & Planning Services Section Enclosure STATE OF ILLINOIS DEPT. OF NATURAL RESOURCES SPONSOR: Lemont, Village of PROJECT AMENDMENT #: CDF2507.01 AMENDMENT TO PROJECT AGREEMENT THIS AMENDMENT TO Project Agreement No: Contract 207 (CDF2507) is hereby made and agreed upon by the State of Illinois, acting through the Director of the Department of Natural Resources and by the Village of Lemont pursuant to the Intergovernmental Cooperation Act (5 ILCS 220) and the Flood Control Act of 1945 (615 ILCS 15). The Sponsor and State of Illinois, in mutual consideration of the promises made herein and in the Project Agreement of which this is an amendment, do promise as follows: The original contract expiration date of June 30, 2009 is extended to June 30, 2013. No additional funds are added to the project agreement. That the above mentioned Agreement is amended by adding the following: That the rationale for making the contract amendment is as follows: [X] The circumstances that necessitate the change in performance were not reasonably foreseeable at the time the contract was signed. [X] The circumstances that necessitate the change in performance were not within the contemplation of the contract as signed. [X] The circumstances that necessitate the change in performance are in the best interest of the unit of State or local government and authorized by law. Specific circumstances requiring this amendment are: A copy of the letter request from the Village of Lemont dated May 14, 2009 to extend the ending date of this agreement is attached and incorporated by reference as Exhibit "A ". In all other respects the Project Agreement of which this is an amendment, and the plans and specifications relevant thereto, shall remain in full force and effect. In witness whereof, the parties hereto have executed this amendment as the date entered below. PROJECT SPONSOR STATE OF ILLINOIS Village of Lemont (Agenc (Agency) IL Department of Natural Resources ( Brian R. Reaves (Name) Village President (Title) 6/8/09 (Date) ( ) IDNR Copy ( ) Sponsor Copy (Acting Director - Signature) (Acting Director - Name) (Date) Required additional signatures for contracts and contract renewals totaling $250,000 or more per 30 ILCS 105/9.02. (DNR Chief Legal Counsel - Signature) Date (DNR Chief Legal Counsel -Name) (DNR Chief Fiscal Officer - Signature) Date (DNR Chief Fiscal Officer -Name) LLINOIS DEPARTMENT 0 NATURAL RESOURCES ATTACHMENT A CERTIFICATIONS Contracts, Grants and Other Agreements Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and 2. I am not subject to withholding because: (a) I am exempt from backup withholding or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding and 3. I am a U.S. person (including a U.S. resident alien). Name: Village of Lemont Taxpayer Identification Number:* E- 9998 - 1572 -05 Social Security Account Number or VF IN 36- 6005968 Federal Employer Identification Number ( *)If you are an individual, enter your name and SSAN as it appears on your Social Security Card. If you are completing this certification for a sole proprietorship, enter the owner's name followed by the name of the business and the owner's SSAN. For all other entities, enter the name of the entity as used to apply for the entitSs FEIN and the FEIN. Legal Status (Check one): ❑ Individual ❑ Sole Proprietor ❑ Partnership /Legal Corporation ❑ Tax - exempt ❑ Corporation providing or billing medical and /or health care services ❑ Corporation NOT providing or medical and /or health care service ❑ Other: E Governmental ❑ Nonresident alien ❑ Estate or trust ❑ Pharmacy (Non- Corp.) ❑ Pharmacy /Funeral Home /Cemetery (Corp.) ❑ Limited Liability Company billing (select applicable tax classification) ❑ D = disregarded entity ❑ C = corporation ❑ P = partnership Hereinafter the term "Contractor" shall be used to refer to the individual or entity entering into the Contract, Grant, or Other Agreement with the Department of Natural Resources and certifying the truth of the information contained herein. Certifications hereunder are applicable to the extent they are required of Contractor by law. Contractor certifies that: It has not been convicted of bribing or attempting to bribe an officer or employee of the State of Illinois or any other State, nor has made an admission on the record of having so bribed or attempted to bribe. (30 ILCS 500/50 -5) I I. It has not been convicted of a felony, or that it has been at least 5 years since the date of completion of any sentence for a felony conviction. If Contractor is not an individual, Contractor certifies no person held responsible by a prosecutorial office for the facts upon which the felony conviction was based continues to have involvement with the Contractor. (30 ILCS 500/50 -10) III. In accordance with 30 ILCS 500/50 -10.5 that no officer, director, partner, or other managerial agent of Contractor, has been convicted of a felony under the Sarbanes -Oxley Act of 2002, or a Class 3 or 2 felony under the Illinois Securities Law of 1953, for a period of 5 years prior to the date of the bid or contract. Contractor acknowledges that the Department of Natural Resources shall declare the 1 of 4 contract void if this certification is false. IV. It, or any affiliate, is not barred from being awarded a contract under 30 ILCS 500/ 50 -11 and 50 -12. Contractor further acknowledges that the Department of Natural Resources may declare the contract void if the preceding certification is false or if the Contractor, or any affiliate, is determined to be delinquent in the payment of any debt to the State during the term of the contract. V. In accordance with 30 ILCS 500/50 -14 that the bidder or Contractor is not barred from being awarded a contract under this Section. The Contractor acknowledges that the Department of Natural Resources may declare the contract void if this certification is false. VI. It is not in violation of Section 50 -14.5 of the Illinois Procurement Code that states: "Owners of residential buildings who have committed a willful or knowing violation of the Lead Poisoning Prevention Act (410 ILCS 45) are prohibited from doing business with the State of Illinois or any State agency until the violation is mitigated ". VII. It has not paid any money or valuable thing to induce any person to refrain from bidding on a State contract, nor has Contractor accepted any money or other valuable thing, or acted upon the promise of same, for not bidding on a State contract. (30 ILCS 500/50 -25). VIII. It is not in violation of the "Revolving Door" section of the Illinois Procurement Code. (30 ILCS 500/50 -30). IX. It will report to the Illinois Attorney General and the Chief Procurement Officer any suspected collusion or other anti - competitive practice among any bidders, offerors, Contractors, proposers or employees of the State. (30 ILCS 500/50 -40, 50 -45, 50 -50). X. It and subcontractor shall maintain books and records relating to the performance of the Contractor subcontract and necessary to support amounts charged to the State under the contract or subcontract. Books and records, including information stored in databases or other computer systems, shall be maintained by the Contractor for a period of 3 years from the later of the date of final payment under the Contract or completion of the Contract, and by the subcontractor for a period of 3 years from the later of the date of final payment under the subcontract or completion of the subcontract. The 3 -year period shall be extended for the duration of any audit in progress during the term. Books and records required to be maintained under this Section shall be available for review or audit by representatives of the Auditor General, the Agency, the Inspector General and other governmental entities with monitoring authority, upon reasonable notice and during normal business hours. Contractor and its subcontractors shall cooperate fully with any such audit. Failure to maintain the books and records required by this Section shall establish a presumption in favor of the State for the recovery of any funds paid by the State under the contract for which adequate books and records are not available to support the purported disbursement. The Contractor shall not impose a charge for audit or examination of the Contractor's books and records. If federal funds are used to pay contract costs, the Contractor must retain its records for five years. If only state funds are involved, three years is sufficient. (30 ILCS 500/20 -65). XI. It will, pursuant to the Drug Free Workplace Act, provide a drug free workplace, and that an individual shall not engage in the unlawful manufacture, distribution, dispensation, possession or use of a controlled substance in the performance of the Contract. This certification applies to contracts of $5,000 or more for individuals or entities, and to entities with twenty -five (25) or more employees regardless of amount. (30 ILCS 580/1 et seq.) XII. Neither it nor any substantially owned affiliate is participating or shall participate in an international boycott in violation of the U.S. Export Administration Act of 1979 or the applicable regulations of the U.S. Department of Commerce. This certification applies to contracts that exceed $10,000. (30 ILCS 582/5) XIII. In accordance with the State Prohibition of Goods from Forced Labor Act that no foreign -made equipment, materials, or supplies furnished to the State under the contract have been produced in 2 of 4 whole or in part by forced labor, convict labor, or indentured labor under penal sanction. (30 ILCS 583/10). XIV. In accordance with the State Prohibition of Goods from Child Labor Act that no foreign -made equipment, materials, or supplies furnished to the State under the contract have been produced in whole or part by the labor of any child under the age of 12. (30 ILCS 584/10). XV. He /she has informed the Director of the Department of Natural Resources in writing if he /she was formerly employed by that agency and has received an early retirement incentive prior to 1993 under Section 14 -108.3 or 16 -133.3 of the Illinois Pension Code, 40 ILCS 5/14 -108.3 or40 ILCS 5/16- 133.3, and acknowledges that contracts made without the appropriate filing with the Auditor General are not payable from the "contractual services" or other appropriation line items. Contractor certifies he /she has not received an early retirement incentive in or after 2002 under Section 14 -108.3 or 16 -133.3 of the Illinois Pension Code, 40 ILCS 5/14 -108.3 and 40 ILCS 5/16- 133.3, and acknowledges that contracts in violation of Section 15a of the State Finance Act are not payable from the "contractual services" or other appropriation line items. (30 ILCS 105/15a). XVI. It is not in default on an educational loan. (5 ILCS 385/3). [A partnership shall be considered barred if any partner is in default on an educational loan.] XVII. It has not been convicted of the offense of bid rigging or bid rotating or any similar offense of any State or of the United States. (720 ILCS 5/33E -3, 720 ILCS 5/33E -4) XVI I I. It does not pay dues to, or reimburse or subsidize payments by its employees for, any dues or fees to any "discriminatory club ". (775 ILCS 25/2). XIX. It complies with the Illinois Human Rights Act and rules applicable to public contracts, including equal employment opportunity, refraining from unlawful discrimination, and having written sexual harassment policies. (775 ILCS 5/2 -105) XX. It, its employees and subcontractors comply with applicable provisions of the Illinois Human Rights Act (775 ILCS 5/1 -101 et seq.), the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990 (42 U.S.C. §12101) and applicable rules in performance under this Contract. XXI. It shall be required, if applicable, to observe and comply with provisions of the Prevailing Wage Act, which applies to the wages of laborers, mechanics and other workers employed in any public works, and with the prevailing wage requirements of the Illinois Procurement Code. (820 ILCS 130/4, 30 ILCS 500/25 -60). XXI I. If applicable, that any steel products used or supplied in accordance with a Contract for a public works project shall be manufactured or produced in the Unites States, in compliance with the Steel Products Procurement Act. (30 ILCS 565/1) XXIII. This agreement is in compliance with the requirements of the Corporate Accountability for Tax Expenditures Act, if applicable. (20 ILCS 715/1 et seq.). XXIV. It warrants and certifies that it and, to the best of its knowledge, its subcontractors have and will comply with Executive Order No. 1 (2007). The Order generally prohibits vendors and subcontractors from hiring the then - serving Governor's family members to lobby procurement activities of the State, or any other unit of government in Illinois including local governments, if that procurement may result in a contract valued at over $25,000. This prohibition also applies to hiring for that same purpose any former State employee who had procurement authority at any time during the one -year period proceeding the procurement lobbying activity. 3 of 4 XXV. Contractor, as defined in Public Act 95 -971, certifies that it has read, understands, and is in compliance with the Act and will not make a contribution that will violate the Act. In general, Public Act 95 -0971 contains new registration and reporting requirements for certain Contractors, as well as limitations on political contributions by certain Contractors and their affiliates. These requirements shall be effective for the duration of the term of office of the incumbent Governor or for a period of 2 years after the end of the contract term, whichever is longer. Contractor further certifies, in accordance with Public Act 95 -971, as applicable: Contractor is not required to register as a business entity with the State Board of Elections. or ❑ Contractor has registered as a business entity with the State Board of Elections and acknowledges a continuing duty to update the registration as required by the Act. A copy of the certificate of registration is attached. Contractor acknowledges that the State may declare this Contract void without any additional compensation due to the Contractor if this foregoing certification is false or if the Contractor (or any of its Affiliated Persons or Entities) engages in conduct that violates Public Act 95 -0971. The undersigned acknowledges and agrees that each of the certifications or amendments shall be incorporated into and made a part of the invitation for bids, request for proposals, agreement, contract, amendment, renewal or other similar document to which these certifications are attached. CONTRACTOR: BY,/ Lan R. Reaves TITLE: Village President Village of Lemont DHR Public 207 Contract Number * *: Form approved by IDNR Legal Counsel for use effective May, 2009 ( * *) Department of Human Rights Public Contract Number. Each Contractor having 15 or more employees must have a current Public Contract number or proof of having submitted a completed application. Application forms may be obtained by contacting the Department of Human Rights, Public Contracts Section, 100 W. Randolph, 10th Floor, Chicago, Illinois 60601 or calling 312/814 -2432 (TDD 312/263- 1579). In the space provided, show your Public Contract Number or, if not available, thedate a completed application for the number was submitted. Contractors with less than 15 employees may indicate "not applicable ". 4 of 4 INTERGOVERNMENTAL AGREEMENT among the VILLAGE OF LEMONT, ILLINOIS, the STATE OF ILLINOIS /DEPARTMENT OF NATURAL RESOURCES for the LEMONT DETENTION FLOOD CONTROL PROJECT Contract Number 207 THIS AGREEMENT is made among the Village of Lemont, Illinois, (hereinafter referred to as the "VILLAGE, ") and the Department of Natural Resources /Office of Water Resources,( hereinafter referred to as the "DEPARTMENT, ") acting for and on behalf of the State of Illinois, WITNESSETH: WHEREAS, the VILLAGE, and the DEPARTMENT are legal entities organized and existing under the laws of the State of Illinois, having among their , powers the authority to contract with one another to perform such undertakings as , described herein under the "Intergovernmental Cooperation Act," 5 ILCS 220(2000 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 (2000 State Bar Edition); and WHEREAS, the VILLAGE and the DEPARTMENT desire to implement a flood control plan of improvement to alleviate flooding from an unnamed tributary to the I & M Canal, which will include: construction of a 42 -inch diameter RCP restrictor at the upstream end of an existing 6' x 6' RC box culvert under the Castle Bowl; and construction of an earthen embankment at the downstream end of Castle Bowl to impound storm water in the Castle Bowl area, and a 36 -inch diameter RCP storm sewer outlet with manhole containing a 24 -inch restrictor, beneath the embankment for de- watering the detention pond, and an emergency spillway- and all appurtenant works and all such items of the flood control plan as finally approved by the VILLAGE and the DEPARTMENT are hereinafter referred to as the "PROJECT "; and WHEREAS, a report entitled "Executive Summary School Gully Drainage Study, Village of Lemont, July, 2005, which was based on a report entitled "School Gully Drainage Study" prepared by Engineering Resource Associates, Inc., has been prepared by the DEPARTMENT and filed with the General Assembly as required by law, and it has been determined that the DEPARTMENT should proceed to assist the VILLAGE in implementing the PROJECT; and WHEREAS, the Illinois General Assembly has appropriated funds to the DEPARTMENT for the PROJECT under Public Act 93 -0842, Article 93, Section 105 for Small Drainage and Flood Control Projects; with a limit of $100,0.00 at any locality; and WHEREAS, the DEPARTMENT has determined that the execution of this AGREEMENT is not subject to the signature requirements of the "State Finance Act," 30 ILCS 105/9.02 (2002 State Bar Edition); and WHEREAS, the parties hereto wish to set forth herein the intent of the parties regarding the design, implementation, construction, cost sharing, and perpetual maintenance of the PROJECT. NOW THEREFORE, for and in consideration of the benefits to be derived from the construction of the PROJECT, the sufficiency of which is hereby acknowledged, the parties hereto agree to the following terms and conditions: ARTICLE A. SPECIAL CONDITIONS 1. The recitals set forth above are incorporated herein by reference and made a part hereof, the same constituting the factual basis for this transaction. 2. The current estimated cost of the PROJECT is`$429,000. The DEPARTMENT'S maximum financial obligation for construction of the PROJECT is $100,000. The DEPARTMENT'S funding obligation under this AGREEMENT will expire when the DEPARTMENT'S maximum funding obligation is expended, the PROJECT is completed, or June 30, 2009, whichever comes first. The DEPARTMENT'S funding obligation will cease immediately without penalty of further payment being required if, in any fiscal year, the Illinois General Assembly fails to appropriate or otherwise make available sufficient funds for this 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, or amended by mutual agreement, in writing, by the parties hereto. ARTICLE B. VILLAGE OF LEMONT 1. The VILLAGE will prepare, or cause to be prepared, the final design plans, specifications, and contract documents for the PROJECT, as finally agreed to by the parties hereto, without cost to the DEPARTMENT. The VILLAGE will show on the plans all properties, easements and rights of way, hereinafter referred to as "property rights," necessary for construction, operation, and maintenance and rehabilitation of the PROJECT. 2. The VILLAGE will acquire in the name of the VILLAGE, without cost to the DEPARTMENT, all properties, easements and rights of way, necessary for the construction, operation, maintenance and rehabilitation of the PROJECT. It is understood that any required property rights currently owned by a unit of local or state government may remain in the name of such unit of government. However, the VILLAGE must obtain, through proper approval by the owner's governing body, a 2 temporary right to construct and a permanent right of access on any such property rights to allow the required operation and maintenance of the PROJECT. All expenses associated with acquiring the necessary property rights for the PROJECT, 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. Prior to advertising for bids, the VILLAGE will furnish to the DEPARTMENT, for review and approval, copies of conveyance documents on all property rights acquired by the VILLAGE. 3. The VILLAGE hereby grants to the DEPARTMENT, without cost to the DEPARTMENT, the right of entry and other interests in the property rights acquired by the VILLAGE, under this AGREEMENT, necessary for the DEPARTMENT to perform construction inspections, periodic inspections of the PROJECT and any required maintenance in the event Article C. 5. of this AGREEMENT is invoked by the DEPARTMENT for failure of the VILLAGE to adequately maintain the PROJECT. 4. The VILLAGE, will be responsible for obtaining in the name of the VILLAGE, all federal, state, and local permits including those related to utility alterations or relocations, required to construct, operate, and maintain the PROJECT. The VILLAGE will provide copies of all such permits to the DEPARTMENT. The execution of this agreement does not relieve the VILLAGE from obtaining any permit required by the DEPARTMENT. 5. The VILLAGE will be responsible for the costs associated with utility alterations or relocations that may be required for construction, operation and maintenance of the PROJECT, and for all fence removal and /or replacement, if any, including any such work shown on the approved plans. Utilities include, but are. not limited to, electrical, telephone, fiber optics and cable television lines, and gas, oil, sewer and water pipelines. 6. The VILLAGE will be responsible for the advertisement for bids and will award the contract for construction of the PROJECT subsequent to the DEPARTMENT'S and the VILLAGE's review and approval of the bids. Prior to the approval of the bid by the VILLAGE and the DEPARTMENT, the VILLAGE will be required to adopt a resolution which provides that sufficient VILLAGE funding has been set aside to complete construction of the PROJECT. If a bid is acceptable to the VILLAGE and the DEPARTMENT, and, subsequent to review and approval of the contract by the VILLAGE and the DEPARTMENT, the VILLAGE will make the contract award, perform construction supervision (resident engineering), and fulfill whatever other administrative duties are necessary to see that the PROJECT is implemented in accordance with the approved plans and specifications. The VILLAGE will be responsible for payment of all costs of the PROJECT over and above those paid with DEPARTMENT funds. 7. All contracts awarded 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 (2000 State Bar Edition). 8. The VILLAGE will accept and assume all responsibility for the operation, maintenance, repair and rehabilitation of the PROJECT after construction is 3 complete. The PROJECT will be maintained in such a manner to assure that it will continue to serve the intended purpose. Maintenance will include, but not be limited to, keeping the PROJECT clean of all trash and debris, or other matter, such as silt, that may tend to impede the proper and free flow of water. All structures will be kept clean of debris and maintained in a satisfactory manner. Grass covered areas will be mowed to a height of six inches or less at least twice each year. Measures will be taken annually 'to eliminate all unwanted woody growth larger than one -half inch in diameter. Measures will also be taken as required to correct any substantial erosion problems. The VILLAGE will not modify the project or any structures therein, without first obtaining written approval of the DEPARTMENT. 9. The VILLAGE will maintain eligibility in the National Flood Insurance Program and will continue to adopt and enforce appropriate ordinances to satisfy the Federal Emergency Management Agency's and the DEPARTMENT'S requirements relative to the regulation of development in floodplains under the jurisdiction and control of the VILLAGE. The VILLAGE will be responsible for updating any Flood Insurance Studies related to the PROJECT. 10. The VILLAGE will maintain, for a minimum of three years after 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 shall 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 Article B. 10. shall establish a presumption in favor of the DEPARTMENT for 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 hold and save the DEPARTMENT and any of its duly appointed agents and employees harmless against any Toss, damage, cause of action, fine or judgment, including all costs connected therewith such -as attorney fees, witness fees, filing fees and any other expenses incident thereto, that may be incurred by reason of personal injury, death, property damage, and any or all other claims or suits of whatsoever nature that might arise or result from or as a consequence of the design, implementation, location, or operation and maintenance of the PROJECT, or from the DEPARTMENT having to invoke Article C. 5. of this AGREEMENT. The VILLAGE will further hold the DEPARTMENT harmless in regard to the handling and disposal of any special or hazardous substances which might be discovered on the property rights acquired by the VILLAGE, associated with the PROJECT. The VILLAGE will not be obligated or responsible to hold the DEPARTMENT harmless against any loss, damages, costs or expenses arising out of negligent acts or omissions by the DEPARTMENT, or its agents or employees. 12. The VILLAGE will complete the attached Certification Document marked ATTACHMENT A, which will be incorporated as part of this AGREEMENT. 4 ARTICLE C. DEPARTMENT OF NATURAL RESOURCES 1. The DEPARTMENT will review and approve, in writing, the final design plans and specifications for the PROJECT prior to the VILLAGE advertising for bids. 2. The DEPARTMENT will review all bids received and approve, in writing, the acceptance of a bid or the rejection thereof, and will review and approve in writing all contract documents prior to the award of a contract by the VILLAGE. The DEPARTMENT will also review and approve any changes made to the PROJECT during construction. 3. The DEPARTMENT will pay to the VILLAGE a maximum of $100,000 for eligible PROJECT construction costs, as determined by the DEPARTMENT. Payments will be based on "Engineer Pay Estimates" prepared by a registered professional resident engineer, approved by the VILLAGE, and forwarded to the DEPARTMENT for review and approval. No billing from the VILLAGE covering the work herein will be paid by the DEPARTMENT until written permission for the VILLAGE to proceed has been given by the DEPARTMENT. Any work done prior to this time will not be funded by the DEPARTMENT. 4. The DEPARTMENT reserves the right to make periodic inspections during construction of the PROJECT. 5. The DEPARTMENT will make periodic inspections of the PROJECT after its construction in order to assure that adequate maintenance is being accomplished on the PROJECT by the VILLAGE. Should the DEPARTMENT determine that a maintenance problem exists, a joint inspection will be scheduled 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 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 which may be incurred by the DEPARTMENT in connection therewith: 5 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 the effective date of this AGREEMENT is the date approved and executed by the Director of the DEPARTMENT. RECOMMENDED: STATE OF ILLINOIS APPROVED: Gary R. Clark, Director Office of Water Resources Date: /2 /( /0f APPROVED: 01,4 Robert G. Mool, Legal Counsel Date: Zrg °b S ATTEST: runsvo d, Director rtment of Natural Resources ate: /1— 'L Z —a VILLAGE OF LEMONT diZe_2(e-2&,aWfd Charlene M. Smollen, Village Clerk APPROVED: 6 MI EMIT ;NODS DEPARTMENT OF NATURAL RESOURCES CERTIFICATIONS ATTACHMENT A I. The Contractor certifies that it is not barred from being awarded a contract or subcontract under Section 50 of the Illinois Procurement Code (30 ILCS 500/50). II. The Contractor certifies that it has not been barred from contracting with a unit of State or local government as a result of a violation of Section 33 -E3 or 33 -E4 of the Criminal Code of 1961 (720 ILCS 5/33E -3, 720 ILCS 5/33E -4). III. The Contractor certifies that it is not in default on an educational loan as provided in Public Act 85 -827 (5 ILCS 385/1) (a partnership shall be considered barred if any partner is in default on an educational loan). IV. The Contractor is not prohibited from selling goods or services to the State of Illinois because it pays dues or fees on behalf of its employees or agents or subsidizes or otherwise reimburses them for payment of their dues or fees to any club which unlawfully discriminates (775 ILCS 25/1). V. Under penalties of perjury, I certify that the name, taxpayer identification number, and legal status listed below are correct. Name: Village of Lemont Taxpayer Identification Number: Social Security Account Number or Federal Employer Identification Number 36- 6005968 (If you are an individual, enter your name and SSAN as it appears on your Social Security Card. If completing this certification for a sole proprietorship, enter the owners name followed by the name of the business and the owner's SSN. For all other entities, enter the name of the entity as used to apply for the entity's FEIN and the FEIN.) Legal Status (Check one): O Individual O Owner of Sole Proprietorship O Partnership O Tax - exempt hospital or extended care facility O Corporation providing or billing medical and /or health care services O Corporation NOT providing or billing medical and /or health care service EXGovernmental Entity O Nonresident alien individual O Estate or legal trust O Foreign corporation, partnership, estate, or trust O Other: VI. This certification is required by the Drug Free Workplace Act (30 ILCS 580/1) for contracts and grants effective January 1, 1992. The Drug Free Workplace Act requires that no grantee or Contractor shall receive a grant or be considered for the purposes of being awarded a contract from the State for the procurement of any property or services unless that the grantee or Contractor will provide a drug free workplace,nd that individuals must not engage in the unlawful manufacture, distribution, dispensation, possession or use of a controlled substance in the performance of the contract or grant. False certification or violation of the certification may result in sanctions including, but not limited to, suspension of contract or grant payments, termination of the contract or grant and debarment of contracting or grant opportunities with the State for at least one (1) year but not more than five (5) years. CONTRACTOR/GRANTEE: For the purpose of this certification, "grantee" or "contractor" means a corporation, partnership, or other entity with twenty-five (25) or more employees at the time of issuing the grant, or a department, division, or other unit thereof, directly responsible for the specific performance under a contract or grant of $5,000 or more from the State. -2- ATTACHMENT The contractor /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, -dis p e nsation, possession, or use of a controller substance, including cannabis, is prohibited in the grantee's or contractor's workplace. (2) Specifying the actions that will be taken against employees for violations ns of such prohibition. (3) Notifying the employee that, as a condition of employment on such contract or grant, the e (A) abide by the terms of the statement; and employee will: (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 irt,the workplace; (2) the grantee's or contractor's policy of maintaining a drug free workplace; (3) any available drug counseling, rehabilitation, and employee assistance programs; (4) the penalties that may be imposed upon employees for drug violations. (c) Providing a copy of the statement required by subparagraph (a) to each employee engaged contract or grant and to post the statement in a prominent place in the workplace. in the performance of the (d) Notifying the contracting or granting agency within ten (10) days after receiving notice of subsection (a) above from an employee or otherwise receiving actual notice of such conviction g underpart (B) of paragraph (3) (e) Imposing a sanction on, or requiring the satisfactory participation in a drug abuse assi stance or rehabilitation program by, any employee who is so convicted as required by section 5 of the Drug Free Workplace (f) Assisting employees in selecting a course of action in the event drug counseling, treatment, Act. required and indicating that a trained referral team is in place. treatment, and rehabilitation is (g) Making a good faith effort to continue to maintain a drug free workplace through Workplace Act. rough implementation of the Drug Free INDIVIDUALS: If Contractor is an individual, ,or an individual doing .business in the form of a sole individual certifies that the individual will not engage in the unlawful manufacture, distribution use of a controlled substance in the performance of the contract. Contractor certifies that Proprietorship, the manufacture, distribution, dispensation, possession or use of a controlled substance in the performance ce of the e contract. or This requirement applies to contracts of more than $5,000. at it will not engage in the unlawful P ance of the contract. VII. In with the State and Federal Constitutions, the Illinois Human Rights Act, the Section 504 of the Federal Rehabilitation Act, the Department of Central Management Services does not unlawfully discriminate in employment, contracts, or any other activity. U.S. Civil Rights Act, and Contractor, its employees and subcontractors, agree not to commit unlawful discrimination and applicable provisions of the Illinois Human Rights Act, the Public Works Employment Discrimination Rights Act and Section 504 of the Federal Rehabilitation Act, and rules applicable to each. The equal to comply with opportunity clause of the Department of Human Rights' rules is specifically incorporated herein. Act, the U.S. Civil equal employment The Americans with Disabilities Act (42 U.S.C. 12101 et se q.) prohibit discrimination against persons with disabilities by the State, whether directly q) and the regulations or through contractual CFR tual arr (ADA) in the provision of any aid, benefit or service. As a condition of receiving this contract, the under ly or through contractual arrangements, that services, programs and activities provided under this contract are and will continue to be in co undersigned contractor certifies -3 compliance with the ADA. ATTACHMENT VW. Contractor certifies he /she has informed the director of the agency in writing if g e /she was formerly employed by that / agency and has received an early retirement incentive under Section 40 ILCS 5/14 -108.3 or 40 ILCS 5/16 -133.3 of the Illinois Pension Code. Contractor acknowledges and agrees that if such early retirement incentive was received, this contract is not valid unless the official executing the contract has made the app; opriate filing with the Auditor General prior to execution. IX. RETENTION OF RECORDS: The Contractor or subcontractor shall maintain books and records relating to the performance.of the contract or subcontract and necessary to support amounts charged to the State under the contract or subcontract. The books and records shall be maintained by the Contractor for a period of 3 years from the later of the date of final payment under the contract or completion of the contract and by the subcontractor for a period of 3 years from the later of the date of final payment under the subcontract or completion of the subcontract. However, the 3 -year period shall be extended for the duration of any audit in progress at the time of that period's expiration. All books and records shall be available for review and audit by the Auditor General and the purchasing agency. The Contractor agrees to cooperate fully with any audit conducted by the Auditor General and to provide full access to all relevant materials. Failure to maintain the books and records required by this Section shall establish a presumption in favor of the State for the recovery of any funds paid by the State under the contract for which required books and.records are not available. (30 ILCS 500/20 -65). X. SEXUAL HARASSMENT: Pursuant to 775 ILCS 5/2- 105(A)(4), contractor 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 Contractor'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. XI. For contracts exceeding $10,000, the Contractor certifies that neither it nor any substantially -owned affiliated company is participating or shall participate in an international boycott in violation of the provisions of the U.S. Export Administration Act of 1979 or the regulations of the U.S, Department of Commerce promulgated under that Act. XII. Contractor shall notify the Department's Ethics Officer if Contractor solicits or intends to solicit for employment any of the Department's employees during any part of the procurement process or during the term of the contract. XIII. 'WAGES OF LABORERS, MECHANICS AND OTHER WORKMEN: If applicable, the Contractor shall be required to observe and comply with provisions of the "Prevailing Wage Act," 820 ILCS 130/1 et. seq., which applies to the wages of laborers, mechanics and other workers employed in any public works. XIV. The Contractor or bidder certifies that it, or any affiliate, is not barred from being awarded a contract under 30 ILCS 500. Section 50 -11 prohibits a person from entering into a contract with a State agency if he knows or should know that he, or any affiliate, is delinquent in the payment of any debt to the State as defined by the Debt Collection Board. Section 50 -12 prohibits a person from entering into a contract with a State agency if he, or any affiliate, has failed to collect and remit Illinois Use Tax on all sales of tangible personal property into the. State of Illinois in accordance with the provisions of the Illinois Use Tax Act. The Contractor further acknowledges that the contracting State agency may declare the contract null and void if this certification is false or if the Contractor, or any affiliate, is determined to be delinquent in the payment of any debt to the State during the term of the contract. XV. The Contractor certifies in accordance with Public Act 93 -0307 that no foreign -made equipment, materials, or supplies furnished to the State under the contract have been produced in whole or in part by forced labor, convict labor, or indentured labor under penal sanction. XVI. The Contractor certifies in accordanpe with 30 ILCS 500/50 -10.5 that no officer, director, partner or managerial agent of the contracting business has been convicted of a felony under the Sarbanes -Oxley Act of 2002 or a Class 3 or Class 2 felony under the Illinois Securities Law of 1953, 815 ILCS 5/1 et seq., for a period of five years prior to the date of the bid or contract. The Contractor acknowledges that the contracting agency shall declare the contract void if this certification is false. XVII. The Contractor certifies this agreement is in compliance with the requirements of the Corporate Accountability for Tax Expenditure Act (PA 93- 0552). XVIII. The Contractor certifies in accordance with 30 ILCS 500/50 -12 that the bidder or contractor is not barred from being awarded a contract under this Section. The Contractor acknowledges that the contracting agency may declare the contract void if this certification is false. XIX. The Contractor certifies in accordance with Public Act 94 -0264 that no foreign equipment materials, or supplies furnished to the State under the contract have teen produced in whole or part by the labor of any child under the age of 12. -4- ATTACHMENT A The undersigned acknowledges and agrees that each of the certifications or amendments shall be incorporated into part of the invitation for bids, request for proposals, agreement, contract, amendment, renewal or other similar documen t to which these certifications are attached. and made a CONTRACTOR: DHR Public Contract Number': Approved by DNR Legal Counsel June 2003 as revised by Comptroller Accounting Bulletin 116 in January 2004 (') Department of Human Rights Public Contract Number. Each Contractor having 15 or more employees must have a current Public Contract number or have proof of having submitted a completed application for one. Application forms may be obtained by contacting the Department of Human Rights, Public Contracts Section, 100 W. Randolph, 10th Floor, Chicago, Illinois 60601 or calling 312/814 -2431 (TDD 312/263 - 1579). In the space provided, show your Public Contract Number qr, if not available, the date a completed application for the number was submitted to the Department of Human Rights. Contractors with less than 15 employees may indicate not applicable ". Village of Faith Mayor Brian K. Reaves Village Clerk Charlene M. Smollen Trustees Debby Blatzer Paul Chialdikas Clifford Miklos Rick Sniegowski Ronald Stapleton Jeanette Virgilio Cm 113 /r- Village of Lemont May 14, 2009 Gary R. Clark Director, Office of Water Resources Illinois Department of Natural Resources One Natural Resources Way Springfield, IL 62702 -1271 418 Main Street • Lemont, Illinois 60439 Administrator Gary C. Holmes RE: Intergovernmental Agreement Lemont Flood Control Project - Contract #207 Administration phone (630) 257 -1590 fax (630) 243 -0958 Building Department phone (630) 257 -1580 fax (630) 257 -1598 Community Development phone (630) 257 -1595 fax (630) 257 -1598 Engineering Department phone (630) 257 -2532 fax (630) 257 -3068 Finance Department phone (630) 257 -1550 fax (630) 257 -1598 Police Department 14600 127th Street phone (630) 257 -2229 fax (630) 257 -5087 Public Works 16680 New Avenue phone (630) 257 -2532 fax (630) 257 -3068 www.lemont.il.us Dear Mr. Clark: The Village of Lemont is requesting that the Intergovernmental Agreement for the Lemont Flood Control Project, Contract #207 with the Illinois Department of Natural Resources be extended for another four years. Our consulting engineers are still revising the .plans and specifications and waiting to receive a dam safety permit which will allow the project to go forward. If you concur with this request, please send the necessary documents to my attention and I will have them executed by the Village President and Board of Trustees. If any additional information is required at this time, please do not hesitate to contact me. Sincerely, VILLAGE OF LEMONT 04, 14794/ge") Gary C. Holmes Village Administrator cc: Thomas G. Mahoney, P.E. Acting Chief Environmental & Planning Services Dan Fielding, Director of Public Works Jim Cainkar, Acting Village Engineer INTERGOVERNMENTAL AGREEMENT among the VILLAGE OF LEMONT, ILLINOIS, the STATE OF ILLINOIS /DEPARTMENT OF NATURAL RESOURCES for the LEMONT DETENTION FLOOD CONTROL PROJECT Contract Number 207 THIS AGREEMENT is made among the Village of Lemont, Illinois, (hereinafter referred to as the "VILLAGE, ") and the Department of Natural Resources /Office of Water Resources,( hereinafter referred to as the "DEPARTMENT, ") acting for and on behalf of the State of Illinois, WITNESSETH: WHEREAS, the VILLAGE, and the DEPARTMENT are legal entities organized and existing under the laws of the State of Illinois, having among their , powers the authority to contract with one another to perform such undertakings as described herein under the "Intergovernmental Cooperation Act," 5 ILCS 220 (2000 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 (2000 State Bar Edition); and WHEREAS, the VILLAGE and the DEPARTMENT desire to implement a flood control plan of improvement to alleviate flooding from an unnamed tributary to the I & M Canal, which will include: construction of a 42 -inch diameter RCP restrictor at the . upstream end of an existing 6' x 6' RC box culvert under the Castle Bowl; and construction of an earthen embankment at the downstream end of Castle Bowl to impound storm water in the Castle Bowl area, and a 36 -inch diameter RCP storm sewer outlet with manhole containing a 24 -inch restrictor, beneath the embankment for de- watering the detention pond, and an emergency spillway- and all appurtenant works and all such items of the flood control plan as finally approved by the VILLAGE and the DEPARTMENT are hereinafter referred to as the "PROJECT "; and WHEREAS, a report entitled "Executive Summary School Gully Drainage Study, Village of Lemont, July, 2005," which was based on a report entitled "School Gully Drainage Study" prepared by Engineering Resource Associates, Inc., has been prepared by the DEPARTMENT and filed with the General Assembly as required by law, and it has been determined that the DEPARTMENT should proceed to assist the VILLAGE in implementing the PROJECT; and WHEREAS, the Illinois General Assembly has appropriated funds to the DEPARTMENT for the PROJECT under Public Act 93 -0842, Article 93, Section 105 for Small Drainage and Flood Control Projects; with a limit of $100,000 at any locality; and WHEREAS, the DEPARTMENT has determined that the execution of this AGREEMENT is not subject to the signature requirements of the "State Finance Act," 30 ILCS 105/9.02 (2002 State Bar Edition); and WHEREAS, the parties hereto wish to set forth herein the intent of the parties regarding the design, implementation, construction, cost sharing, and perpetual maintenance of the PROJECT. NOW THEREFORE, for and in consideration of the benefits to be derived from the construction of the PROJECT, the sufficiency of which is hereby acknowledged, the parties hereto agree to the following terms and conditions: ARTICLE A. SPECIAL CONDITIONS 1. The recitals set forth above are incorporated herein by reference and made a part hereof, the same constituting the factual basis for this transaction. 2. The current estimated cost of the PROJECT is $429,000. The DEPARTMENT'S maximum financial obligation for construction of the PROJECT is $100,000. The DEPARTMENT'S funding obligation under this AGREEMENT will expire when the DEPARTMENT'S maximum funding obligation is expended, the PROJECT is completed, or June 30, 2009, whichever comes first. The DEPARTMENT's funding obligation will cease immediately without penalty of further payment being required if, in any fiscal year, the Illinois General Assembly fails to appropriate or otherwise make available sufficient funds for this 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, or amended by mutual agreement, in writing, by the parties hereto. ARTICLE B. VILLAGE OF LEMONT 1. The VILLAGE will prepare, or cause to be prepared, the final design plans, specifications, and contract documents for the PROJECT, as finally agreed to by the parties hereto, without cost tb the DEPARTMENT. The VILLAGE will show on the plans all properties, easements and rights of way, hereinafter referred to as "property rights," necessary for construction, operation, and maintenance and rehabilitation of the PROJECT. 2. The VILLAGE will acquire in the name of the VILLAGE, without cost to the DEPARTMENT, all properties, easements and rights of way, necessary for the construction, operation, maintenance and rehabilitation of the PROJECT. It is understood that any required property rights currently owned by a unit of local or state government may remain in the name of such unit of government. However, the VILLAGE must obtain, through proper approval by the owner's governing body, a 2 temporary right to construct and a permanent right of access on any such property rights to allow the required operation and maintenance of the PROJECT. All expenses associated with acquiring the necessary property rights for the PROJECT, 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. Prior to advertising for bids, the VILLAGE will furnish to the DEPARTMENT, for review and approval, copies of conveyance documents on all property rights acquired by the VILLAGE. 3. The VILLAGE hereby grants to the DEPARTMENT, without cost to the DEPARTMENT, the right of entry and other interests in the property rights acquired by the VILLAGE, under this AGREEMENT, necessary for the DEPARTMENT to perform construction inspections, periodic inspections of the PROJECT and any required maintenance in the event Article C. 5. of this AGREEMENT is invoked by the DEPARTMENT for failure of the VILLAGE to adequately maintain the PROJECT. 4. The VILLAGE, will be responsible for obtaining in the name of the VILLAGE, all federal, state, and local permits including those related to utility alterations or relocations, required to construct, operate, and maintain the PROJECT. The VILLAGE will provide copies of all such permits to the DEPARTMENT. The execution of this agreement does not relieve the VILLAGE from obtaining any permit required by the DEPARTMENT. 5. The VILLAGE will be responsible for the costs associated with utility alterations or relocations that may be required for construction, operation and maintenance of the PROJECT, and for all fence removal and /or replacement, if any, including any such work shown on the approved plans. Utilities include, but are, not limited to, electrical, telephone, fiber optics and cable television lines, and gas, oil, sewer and water pipelines. 6. The VILLAGE will be responsible for the advertisement for bids and will award the contract for construction of the PROJECT subsequent to the DEPARTMENT'S and the VILLAGE's review and approval of the bids. Prior to the approval of the bid by the VILLAGE and the DEPARTMENT, the VILLAGE will be required to adopt a resolution which provides that sufficient VILLAGE funding has been set aside to complete construction of the PROJECT. If a bid is acceptable to the VILLAGE and the DEPARTMENT, and, subsequent to review and approval of the contract by the VILLAGE and the DEPARTMENT, the VILLAGE will make the contract award, perform construction supervision (resident engineering), and fulfill whatever other administrative duties are necessary to see that the PROJECT is implemented in accordance with the approved plans and specifications. The VILLAGE will be responsible for payment of all costs of the PROJECT over and above those paid with DEPARTMENT funds. 7. All contracts awarded 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 (2000 State Bar Edition). 8. The VILLAGE will accept and assume all responsibility for the operation, maintenance, repair and rehabilitation of the PROJECT after construction is 3 complete. The PROJECT will be maintained in such a manner to assure that it will continue to serve the intended purpose. Maintenance will include, but not be limited to, keeping the PROJECT clean of all trash-and debris, or other matter, such as silt, that may tend to impede the proper and free flow of water. All structures will be kept clean of debris and maintained in a satisfactory manner. Grass covered areas will be mowed to a height of six inches or Tess at least twice each year. Measures will be taken annually/0 eliminate all unwanted woody growth larger than one -half inch in diameter. Measures will also be taken as required to correct any substantial erosion problems. The VILLAGE will not modify the project or any structures therein, without first obtaining written approval of the DEPARTMENT. 9. The VILLAGE will maintain eligibility in the National Flood Insurance Program and will continue to adopt and enforce appropriate ordinances to satisfy the Federal Emergency Management Agency's and the DEPARTMENT's requirements relative to the regulation of development in floodplains under the jurisdiction and control of the VILLAGE. The VILLAGE will be responsible for updating any Flood Insurance Studies related to the PROJECT. 10. The VILLAGE will maintain, for a minimum of three years after 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 shall be made available for review and audit by fhe 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 Article B. 10. shall establish a presumption in favor of the DEPARTMENT for 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 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 costs connected therewith such' as attorney fees, witness fees, filing fees and any other expenses incident thereto, that may be incurred by reason of personal injury, death, property damage, and any or all other claims or suits of whatsoever nature that might arise or result from or as a consequence of the design, implementation, location, or operation and maintenance of the PROJECT, or from the DEPARTMENT having to invoke Article C. 5. of this AGREEMENT. The VILLAGE will further hold the DEPARTMENT harmless in regard to the handling and disposal of any special or hazardous substances which might be discovered on the property rights acquired by the VILLAGE, associated with the PROJECT. The VILLAGE will not be obligated or responsible to hold the DEPARTMENT harmless against any Toss, damages, costs or expenses arising out of negligent acts or omissions by the DEPARTMENT, or its agents or employees. 12. The VILLAGE will complete the attached Certification Document marked ATTACHMENT A, which will be incorporated as part of this AGREEMENT. 4 ARTICLE C. DEPARTMENT OF NATURAL RESOURCES 1. The DEPARTMENT will review and approve, in writing, the final design plans and specifications for the PROJECT prior to the VILLAGE advertising for bids. 2. The DEPARTMENT will review all bids received and approve, in writing, the acceptance of a bid or the rejection thereof, and will review and approve in writing all contract documents prior to the award of a contract by the VILLAGE. The DEPARTMENT will also review and approve any changes made to the PROJECT during construction. 3. The DEPARTMENT will pay to the VILLAGE a maximum of $100,000 for eligible PROJECT construction costs, as determined by the DEPARTMENT. Payments will be based on "Engineer Pay Estimates" prepared by a registered professional resident engineer, approved by the VILLAGE, and forwarded to the DEPARTMENT for review and approval. No billing from the VILLAGE covering the work herein will be paid by the DEPARTMENT until written permission for the VILLAGE to proceed has been given by the DEPARTMENT. Any work done prior to this time will not be funded by the DEPARTMENT. 4. The DEPARTMENT reserves the right to make periodic inspections during construction of the PROJECT. 5. The DEPARTMENT will make periodic inspections of the PROJECT after its construction in order to assure that adequate maintenance is being accomplished on the PROJECT by the VILLAGE. Should the DEPARTMENT determine that a maintenance problem exists, a joint inspection will be scheduled 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 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 which may be incurred by the DEPARTMENT in connection therewith. 5 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 the effective date of this AGREEMENT is the date approved and executed by the Director of the DEPARTMENT. RECOMMENDED: STATE OF ILLINOIS APPROVED: Gary R. Clark, Director Office of Water Resources Date: /24/01 APPROVED: V14 04 Robert G. Mool, Legal Counsel Date: ‘Z---9 -6S- ATTEST: runsvo d, Director rtment of Natural Resources ate: /1-- 'z. -Z —d VILLAGE OF LEMONT Charlene M. Smollen, Village Clerk APPROVED: 6 /LAOIS DEPARTMENT OF NATURAL RESOURCES CERTIFICATIONS ATTACHMENT A I. The Contractor certifies that it is not barred from being awarded a contract or subcontract under Section 50 of the Illinois Procurement Code (30 ILCS 500/50). II. The Contractor certifies that it has not been barred from contracting with a unit of State or local government as a result of a violation of Section 33 -E3 or 33 -E4 of the Criminal Code of 1961 (720 ILCS 5/33E -3, 720 ILCS 5/33E -4). III. The Contractor certifies that it is not in default on an educational loan as provided in Public Act 85 -827 (5 ILCS 385/1) (a partnership shall be considered barred if any partner is in default on an educational loan). IV. The Contractor is not prohibited from selling goods or services to the State of Illinois because it pays dues or fees on behalf of its employees or agents or subsidizes or otherwise reimburses them for payment of their dues or fees to any club • which unlawfully discriminates (775 ILCS 25/1). V. Under penalties of perjury, I certify that the name, taxpayer identification number, and legal status listed below are correct. Name: Village of Lemont Taxpayer Identification Number: Social Security Account Number or Federal Employer Identification Number 36- 6005968 (If you are an individual, enter your name and SSAN as it appears on your Social Security Card. If completing this certification for a sole proprietorship, enter the owner's name followed by the name of the business and the owner's SSN. For all other entities, enter the name of the entity as used to apply for the entity's FEIN and the FEIN.) Legal Status (Check one): o Individual ❑ Owner of Sole Proprietorship ❑ Partnership ❑ Tax - exempt hospital or extended care facility ❑ Corporation providing or billing medical and /or health care services ❑ Corporation NOT providing or billing medical and /or health care service [Governmental Entity ❑ Nonresident alien individual ❑ Estate or legal trust ❑ Foreign corporation, partnership, estate, or trust ❑ Other: VI. This certification is required by the Drug Free Workplace Act (30 ILCS 580/1) for contracts and grants effective January 1, 1992. The Drug Free Workplace Act requires that no grantee or Contractor shall receive a grant or be considered for the purposes of being awarded a contract from the State for the procurement of any property or services unless that the grantee or Contractor will provide a drug free workplace ,ond that individuals must not engage in the unlawful manufacture, distribution, dispensation, possession or use of a controlled substance in the performance of the contract or grant. False certification or violation of the certification may result in sanctions including, but not limited to, suspension of contract or grant payments, termination of the contract or grant and debarment of contracting or grant opportunities with the State for at least one (1) year but not more than five (5) years. CONTRACTOR/GRANTEE: For the purpose of this certification, "grantee" or "contractor" means a corporation, partnership, or other entity with twenty-five (25) or more employees at the time of issuing the grant, or a department, division, or other unit thereof, directly responsible for the specific performance under a contract or grant of $5,000 or more from the State. -2- ATTACHMENT The contractor /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,-dispensation, substance, including cannabis, is prohibited in the grantee's or contractor's work possession, or use of a controller place. (2) Specifying the actions that will be taken against employees for violations o f such prohibition. (3) Notifying the employee that, as a condition of employment on such contra (A) abide by the terms of the statement; and contract or grant, the employee will: (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 or contractor's policy of maintaining a drug free workplace; (3) any available drug counseling, rehabilitation, and employee assistance programs; (4) the penalties that may be imposed upon employees for drug violations. (c) Providing a copy of the statement required by subparagraph (a) to each employee engaged in the performance of the contract or grant and to post the statement in a prominent place in the workplace. (d) Notifying the contracting or granting agency within ten (10) days after receiving notice of subsection (a) above from an employee or otherwise receiving actual notice of such conviction. 9 under part (B) of paragraph (3) (e) Imposing a sanction on, or requiring the satisfactory by, any employee who is so convicted as required by section 5 of the Drug Free ry participation in a drug abuse assistance or rehabilitation program 9 Workplace Act. (f) Assisting employees in selecting a course of action in the event drug counseling, and rehabilitation is treatme nt, 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 Workplace Act. rough im p tatron of the Drug Free INDIVIDUALS: If Contractor is an individual, -or an individual doing business in the form of a s individual certifies that the individual will not engage in the unlawful manufacture, distribution use of a controlled substance in the performance of the contract. Contractor certifies that it will I not a gage in the the manufacture, distribution, dispensation, possession or use of a controlled substance in the performance ce of the e contract. or This requirement applies to contracts of more than $5,000. engage in the unlawful P ance of the contract. VII. In compliance with the State and Federal Constitutions, the Illinois Human Rights Act, the Section 504 of the Federal Rehabilitation Act, the Department of Central Management discriminate in employment, contracts, or any other activity. U.S. Civil Rights Act, and 9 nt Services does not unlawfully Contractor, its employees and subcontractors, agree not to commit unlawful discrimination and applicable provisions of the Illinois Human Rights Act, the Public Works Employment Discrimination Rights Act and Section 5 equal employment 504 of the Federal Rehabilitation Act, and rules applicable to each. The agree to comply with opportunity clause of the Department of Human Rights' rules is specifically incorporated herein. Act, the U.S. Civil The Americans with Disabilities Act (42 U.S.C. 12101 et seq.) and the regulations thereunder (28 CFR 35.130) (ADA) prohibit discrimination against persons with disabilities by the State, whether directly or through in the provision of any aid, benefit or service. As a condition of receiving this contract, the under signed contractor certifies that services, programs and activities provided under this contract are and will continue to be in compliance r tual arrangements, -3- ,with the ADA. ATTACHMENT VIII. Contractor certifies he /she has informed the director of the agency in writing if 9 e /she was formerly employed by that agency and has received an early retirement incentive under Section 40 ILCS 5/14 -108.3 or 40 ILCS 5/16 -133.3 of the Illinois Pension Code. Contractor acknowledges and agrees that if such early retirement incentive was received, this contract is not valid unless the official executing the contract has made the appropriate filing with the Auditor General prior to execution. IX. RETENTION OF RECORDS: The Contractor or subcontractor shall maintain books and records relating to the • performance of the contract or subcontract and necessary to support amounts charged to the State under the contract or subcontract. The books and records shall be maintained by the Contractor for a period of 3 years from the later of the date of final payment under the contract or completion of the contract and by the subcontractor for a period of 3 years from the later of the date of final payment under the subcontract or completion of the subcontract. However, the 3 -year period shall be extended for the duration of any audit in progress at the time of that period's expiration. All books and records shall be available for review and audit by the Auditor General and the purchasing agency. The Contractor agrees to cooperate fully with any audit conducted by the Auditor General and to provide full access to all relevant materials. Failure to maintain the books and records required by this Section shall establish a presumption in favor of the State for the recovery of any funds paid by the State under the contract for which required books and records are not available. (30 ILCS 500/20 -65). X. SEXUAL HARASSMENT: Pursuant to 775 ILCS 5/2- 105(A)(4), contractor 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 Contractor'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; vt directions on how to contact the Department and • Commission; and (vii) protection against retaliation as provided byS ctidn 6 -101 of the Illinois Human Rights Act. A copy of the policies shall be provided to the Department upon request. XI. For contracts exceeding $10,000, the Contractor certifies that neither it nor any substantially -owned affiliated company is participating or shall participate in an international boycott in violation of the provisions of the U.S. Export Administration Act of 1979 or the regulations of the U.S, Department of Commerce promulgated under that Act. XII. Contractor shall notify the Department's Ethics Officer if Contractor solicits or intends to solicit for employment any of the Department's employees during any part of the procurement process or during the term of the contract. XIII. WAGES OF LABORERS, MECHANICS AND OTHER WORKMEN: If applicable, the Contractor shall be required to observe and comply with provisions of the "Prevailing Wage Act," 820 ILCS 130/1 et. seq., which applies to the wages of laborers, mechanics and other workers employed in any public works. XIV. The Contractor or bidder certifies that it, or any affiliate, is not barred from being awarded a contract under 30 ILCS 500. Section 50 -11 prohibits a person from entering into a contract with a State agency if he knows or should know that he, or any affiliate, is delinquent in the payment of any debt to the State as defined by the Debt Collection Board. Section 50 -12 prohibits a person from entering into a contract with a State agency if he, or any affiliate, has failed to collect and remit Illinois Use Tax on all sales of tangible personal property into the. State of Illinois in accordance with the provisions of the Illinois Use Tax Act. The Contractor further acknowledges that the contracting State agency may declare the contract null and void if this certification is false or if the Contractor, or any affiliate, is determined to be delinquent in the payment of any debt to the State during the term of the contract. XV. The Contractor certifies in accordance with Public Act 93 -0307 that no foreign -made equipment, materials, or supplies furnished to the State under the contract have been produced in whole or in part by forced labor, convict labor, or indentured labor under penal sanction. XVI. The Contractor certifies in accordance with 30 ILCS 500/50 -10.5 that no officer, director, partner or managerial agent of the contracting business has been convicted of a felony under the Sarbanes -Oxley Act of 2002 or a Class 3 or Class 2 felony under the Illinois Securities Law of 1953, 815 ILCS 5/1 et seq., for a period of five years prior to the date of the bid or contract. The Contractor acknowledges that the contracting agency shall declare the contract void if this certification is false. XVII. The Contractor certifies this agreement is in compliance with the requirements of the Corporate Accountability for Tax Expenditure Act (PA 93- 0552). XVIII. The Contractor certifies in accordance with 30 ILCS 500/50 -12 that the bidder or contractor is not barred from being awarded a contract under this Section. The Contractor acknowledges that the contracting agency may declare the contract void if this certification is false. XIX. The Contractor certifies in accordance with Public Act 94 -0264 that no foreign equipment materials, or supplies furnished to the State under the contract have keen produced in whole or part by the labor of any child under the age of 12. -4- ATTACHMENT A The undersigned acknowledges and agrees that each of the certifications or amendments shall be incorporated into of the invitation for bids, request for proposals, agreement, contract, amendment, renewal or other similar which these certifications are attached. o and made a milar document to CONTRACTOR: By x/aze ecdfiire- TITLE: DHR Public Contract Number *: znl Approved by DNR Legal Counsel June 2003 as revised by Comptroller Accounting Bulletin 116 in January 2004 (') Department of Human Rights Public Contract Number. Each Contractor having 15 or more employees must have a current Public Contract number or have proof of having submitted a completed application for one. Application forms may be obtained by contacting the Department of Human Rights, Public Contracts Section, 100 W. Randolph, 10th Floor, Chicago, Illinois 60601 or calling 312/814 -2431 (TDD 312/263- 1579). In the space provided, show your Public Contract Number qr, if not available, the date a completed application for the number was submitted to the Department of Human Rights. Contractors with Tess than 15 employees may indicate "not applicable ". i.