HomeMy WebLinkAboutRes 29-00 08/15/2000 VWL
818100
RESOLUTION NO. 29-00
A RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT BETVVEEN
THE VILLAGE OF MOUNT PROSPECT AND THE ILLINOIS DEPARTMENT OF
TRANSPORTATION FOR IMPROVEMENTS TO THE TRAIN STATION PARKING LOT
AND SURROUNDING AREAS
WHEREAS, on March 22, 2000, with the passage of Resolution No. 17-00, the corporate authorities
of the Village of Mount Prospect ("the Village") determined that it was in the best interests of the
Village to make application for a financial assistance grant from the Illinois Department of
Transportation ("IDOT") using Operation Greenlight funds; and
WHEREAS, the Illinois Department of Transportation's authority to make such grants, makes funds
available to offset certain capital costs of providing and improving mass transportation facilities; and
WHEREAS, application for a financial assistance grant for the improvement of the Village's mass
transportation facility and surrounding areas was appropriately submitted, and said grant was
approved by IDOT, as defined in an Agreement between the Village and IDOT, a copy of which
Agreement is attached hereto as Exhibit "A."
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND BOARD OF TRUSTEES OF THE
VILLAGE OF MOUNT PROSPECT:
SECTION ONE: That the Mayor and Board of Trustees do hereby authorize execution of an
Agreement between the Village of Mount Prospect and the Illinois Department of Transportation for
the purpose of implementing improvements to the train station parking lot and surrounding areas,
implementing funds made available with Operation Greenlight funds, a copy of which Agreement is
attached hereto and made a part hereof as Exhibit "A."
SECTION TWO: This Resolution shall be in full force and effect from and after its passage and
approval in the manner provided by law.
AYES: Hoefert, Lohrstorfer, Prikkel, Skowron, Wilks
NAYS: None
ABSENT: Corcoran, Farley
PASSED and APPROVED this 15th day of August, 2000,
Mich~ele W. Skowron, Mayor Pro Tem
ATTEST:
Velma'W. Lowe, Village Clerk
N:\G ~N~iles\WlN\F,~ES~,Oper~tJe n Green Light grant $, Aug 2000.do¢
EXHIBIT A
STATE OF ILLINOIS
DEPARTMENT OF TRANSPORTATION
DIVISION OF PUBLIC TRANSPORTATION
AND
VILLAGE OF MOUNT PROSPECT
STATE CAPITAL GRANT AGREEMENT
AGREEMENT NO. 3091
STATE GRANT NO. CAP-00-708-OGL
2roved as to Form
by Chief Counsel's Office:
s:\s ub\contract~nu ni\708cga.doc
REV4/20/99
ITEM 28 - INDEPENDENCE OF GRANTEE .............................................................................................. 17
ITEM 29 - LABOR LAW COMPLIANCE .................................................................................................... 17
ITEM 30 - EQUAL EMPLOYMENT PRACTICES ..................................................................................... 17
ITEM 31 - SEVERABILITY ...................................................................... '. .................................................... 19
ITEM 32 - PATENT RIGHTS ......................................................................................................................... 19
ITEM 33 - AMENDMENT .............................................................................................................................. 19
ITEM 34 - TITLES ........................................................................................................................................... 19
ITEM 35 - SCHOOL BUS OPERATIONS .................................................................................................... 19
ITEM 36 - DRUG FREE WORKPLACE ...................................................................................................... 19
ITEM 37 - TAXPAYER IDENTIFICATION NUMBER. ............................................................................. 20
Exhibit A, entitled "Grantee's Application," (on file at the Department)
Exhibit B, entitled "Approved Project Budget,"
Exhibit C, entitled, "State of Illinois Drug Free Workplace Certification
Exhibit D, entitled, "Grantee's Board Resolution"
State Capital Grant · 3
TABLE OF CONTENTS
ITEM I - DEFINITIONS ................................................................................................................................... 4
ITEM 2 - THE PROJECT ................................................................................................................................. 4
ITEM 3 - AMOUNT OF GRANT .....................................................................................................................
ITEM 4 - THE PROJECT BUDGET ...............................................................................................................
ITEM $ - DOCUMENTS FORMING THIS AGREEMENT ......................................................................... 5
ITEM 6 - REVERSION OF GRANT FUNDS ................................................................................................. S
ITEM 7 - ACCOMPLISHMENT OF THE PROJECT .................................................................................. 6
ITEM 8 - CONTINUANCE OF SERVICE ...................................................................................................... 7
ITEM 9 - REAL PROPERTY, EQUIPMENT AND SUPPLIES ................................................................... 7
ITEM 10- ETHICS ............................................................................................................................................
ITEM 11 - ACCOUNTING RECORDS ........................................................................................................... 9
ITEM 12 - REQUISITIONS AND PAYMENTS ........................................................................................... 12
ITEM 13 - RIGHT OF DEPARTMENT TO TERMINATE .................................................................... ~...13
ITEM 14 - PROJECT SETTLEMENT AND CLOSE-OUT ........................................................................ 14
ITEM 15 - GRANTEE'S WARRANTIES ...................................................................................................... 14
ITEM 16 - CONTRACTS OF TI-IE GRANTEE ............................................................................................ 14
ITEM I'7 - COMPETITIVE BIDDING .......................................................................................................... 14
ITEM 18 - THIRD PARTY CONTRACT CHANGES ................................................................................. 1S
ITEM 19 - PRE-BID REVIEW .......................................................................................................................
ITEM 20 - PRE-AWARD REVIEW AND APPROVAL OF EMINENT DOMAIN PROCEEDINGS ....15
ITEM 21 - POST-AWARD REQUIREMENTS ............................................................................................
ITEM 22 - ASSIGNMENTS .............. ~ ............................................................................................................. 15
ITEM 23 - PERFORMANCE BOND ............................................................................................................. 16
ITEM 24 - COOPERATION IN CONNECTION WITH INSPECTION .................................................... 16
ITEM 25 - INDEMNIFICATION AND INSURANCE ................................................................................. 16
ITEM 26- NON-WAIVER .................................................................................................. ~ ........................... 16
ITEM 27 - NON-COLLUSION ...................................................................................................................... 17
State Capital Grant 2
This Contract No. 3091 (hereinafter referred to as "Agreement") is made by and between the Illinois
Department of Transportation, Division of Public Transportation, (hereinafter referred to as the "State" or
"Department") and the Village of Mount Prospect (hereinafter referred to as the "Grantee," which term shall
include its successors and assigns).
WHEREAS, the Grantee is undertaking a mass transportation capital project (the "Project") as described in ihe
Grantee's final approved application which is incorporated herein by reference as Exhibit "A" hereto; and
WHEREAS, the Grantee is an eligible grant recipient and the Project is an eligible mass transportation project
under the provisions of the Civil Administrative Code of Illinois (20 ILCS 2705~49, efseq.) and the General
Obligation Bond Act (30 ILCS 330/1, et seq.) (hereinafter collectively referred to as the "Acts"); and
WHEREAS, the Grantee has made application to the Department for State aid for the Project in accordance
with one or both of the Acts and pursuant to the procedures established by the Department; and
WHEREAS, the Grantee's final application, including subsequent submittals, information, and documentation,
as provided by the Grantee in support thereof, has been approved by the Department:
NOW THEREFORE, in consideration of the mutual covenants hereinafter set forth, the parties agree that the
above recitals are made a part of this agreement, that this Agreement is made to provide State financial
assistance to the Grantee in the form of a capital grant (hereinafter referred to as the "Grant"), to set forth the
terms and conditions upon which the Grant will be made, and to set forth the agreement of the Parties as to the
manner in which the Project will be undertaken, completed and used. The parties further agree as follows:
ITEM I - DEFINITIONS
As used in this Agreement:
a. Mass Transportation Service means general or special transportation service provided to the public
(but not school bus, charter or sight-seeing service) on a regular and continuing basis in the service area
described in the Grantee's final, approved application.
b. Net Project Cost means the sum of the eligible costs incurred in performing the work on the Project,
including work done by the Grantee, less proceeds from sale of scrap and replaced facilities.
c. Project means the mass transportation capital project for which state funds are to be used by the
Grantee pursuant to this Agreement, as described in Grantee's final approved application.
d. Project Facilities means any facilities, equipment or real property purchased, acquired, constructed,
improved, renovated or refurbished as part of the Project.
e. "Contractor' or "Third Party contracto?' means a vendor or contractor of the Grantee paid or financed
in whole or in part with federal or state assistance.
ITEM 2 -THE PROJECT
The Grantee agrees to undertake and complete the Project and to provide for the use of Project Facilities, in
the manner set forth in the Grantee's final application that has been approved by the.Department, for the
amounts set forth in the Approved Project Budget, a copy of which budget is attached hereto and incorporated
herein as Exhibit "B", and in accordance with this Agreement and all applicable laws. The Project, which is
more particularly described in the plans, specifications and schedules set forth in the Grantee's final approved
State Capital Grant 4
application, is generally described as the i'ebonsiructiOn and reconfiguration of a commuter kiss and ride area
and rehabilitation of a masonry bus shelter.
ITEM 3 - AMOUNT OF GRANT
The estimated Net Project Cost is $400,000. The Department agrees to make a Grant reimbursing the
Grantee in an amount equal to 100 percent of the actual Net Project Cost, as determined by the Department
upon completion of the Project, in an amount not to exceed $400,000, provided, however, the Department, at
its sole discretion, may agree to increase the amount of the Grant in excess of the amount specified herein but
in no event shall the total amount provided by the Department under this Agreement or any subsequent
Amendment to this Agreement exceed 100 percent of the actual Net Project Cost.
No liability shall be incurred by the State in excess of the aforementioned amount(s) of the Grant.
The Grantee agrees that it will provide, or cause to be provided from sources other than (a) State funds, (b)
federal funds, (c) receipts from the use of Project Facilities, or (d) operating revenues of the public
transportation system, funds in an amount equal to the actual Net Project Cost less the amount of the federal
fund(s) made in connection with this Grant and less the amount of the State Grant, as shown in the Approv. ed
Project Budget. V~th the express written prior approval of the Department, all or part of this local share to be
contributed by the Grantee may be provided by the Grantee in the form of contributions of professional~
technical, or other services.
ITEM 4 -THE PROJECT BUDGET
The Approved Project Budget is set forth in Exhibit "B" hereto. A Project Budget shall be prepared and
maintained by the Grantee. The Grantee shall carry out the Project and shall incur obligations against and
make disbursements of project ~unds only in conformity with the latest Approved Project Budget. The
Approved Project Budget (except as otherwise provided in ITEM 11 (c)) may be revised from time to time by
approval by authorized Department personnel, but no Budget or revision thereof shall be effective unless and
until the Department shall have approved the same in writing.
ITEM 5 - DOCUMENTS FORMING THIS AGREEMENT
The Parties agree that this constitutes the entire Agreement between the Parties hereto, that there are no
agreements or understandings, implied or expressed, except as specifically set forth in the Agreement and that
all prior arrangements and understandings related hereto are merged into or are superseded by this
Agreement.
The Parties hereto further agree that this Agreement consists of this "State Capital Grant Agreement", together
with Exhibit "A" entitled "Grentee's Application (on file with the Department)," Exhibit "B" entitled "Approved
Project Budget," Exhibit "C" entitled, "State of Illinois Drug Free Workplace Certification," and Exhibit D,
entitled, "Grantee's Board Resolution," all of which are by this reference specifically incorporated herein and
made a part hereof.
ITEM 6 - REVERSION OF GRANT FUNDS
a. Illinois Grant Funds Recovery Act - This Grant is subject to the illinois Grant Funds Recovery Act, 30
ILCS 705/1. This Grant is valid until September 30, 2002, and grant funds are available to Grantee and
may be expended by Grantee until said date unless the Department, at its discretion, grants an extension
of time. Any grant funds which are not expended or legally obligated by the Grantee at the end of the
Grant Agreement or by the expiration of the period of time grant funds are available for expenditure or
State Capital Grant 5
obligation, whichever is earlier, shall be returned to the Department within 45 days. Project close-out shall
be in accordance with the Project Settlement & Close-Out ITEM of this Agreement. This date is subject to
further revision at the sole determination and discretion of the Department.
b. Failure to Appropriate Funds - This Grant and the processing of any requisitions and payment of
funds is contingent upon the availability of sufficient funds appropriated to the Department by the Illinois
General Assembly. The Grantee understands and agrees that the obligations of the Department to make
any grants or payments under this Agreement are conditional upon funds being appropriated therefore by
the General Assembly, and the Grantee shall not hold the Department liable for failure by the General
Assembly to appropriate sufficient funds for this Project.
ITEM 7 - ACCOMPLISHMENT OF THE PROJECT
a. General Requirements - The Grantee shall commence, carry out, and complete the Project with all
practicable dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions
of all documents listed in Item 5, above, and in compliance with all applicable laws and Department
guidelines.
b. Pursuant to Federal, State, and Local Law - In performance of its obligations pursuant to this
Agreement, the Grantee and its contractors shall comply with all applicable provisions of federal, state and
local law. All limits and standards set forth in this Agreement to be observed in the performance of the
Project are minimum requirements and shall not affect the application to the performance of the Project of
more restrictive local standards that are not inconsistent with the limits and standards of this Agreement.
The Grantee agrees that the most recent of such state requirements in effect will govern the administration
of this Agreement at any particular time, except if there is sufficient evidence in the Agreement of a
contrary intent. Such contrary intent might be evidenced by a letter signed by the Department, the
language of which modifies or otherwise conditions the text of a particular provision of this Agreement.
Likewise, new state laws, regulations, policies and administrative practices may be established after the
date the Agreement has been executed that may apply to this Agreement. To achieve compliance with
changing state requirements, the Grantee agrees to include in all sub-grantee agreements and third p~rty
contracts financed in whole or in part with Department assistance specific notice that state requirements
may change and the changed requirements will apply to the Project.
c. Funds of the Grantee - The Grantee shall initiate and prosecute to completion ail proceedings
necessary to enable the Grante~; to provide its share of the Project costs at or prior to the time that such
funds are needed to meet Project costs.
d. Changed Conditions Affecting Performance - The Grantee shall immediately notify the Department of
any change in conditions or local law, or of any other event which may significantly affect its ability to
perform the Project in accordance with the provisions of this Agreement.
e. No State Obligations to Third Parties - The Department shall not be subject to any obligations or
liabilities by, through, or to contractors of the Grantee or their subcontractors or any other person not a
par~y to this Agreement in connection with the performance of this Project, without its express written
consent, notwithstanding its concurrence in or approval of the award of any contract or subcontract or the
solicitation thereof.
f. illinois Law - This Agreement shall be construed in accordance with the laws of the State of Illinois.
State Capital Grant 6
ITEM 8 - CONTINUANCE OF SERVICE :
The Grantee agrees to use its best efforts to continue to provide, either directly or by contract, as the case may
be, the service for which these Project Facilities are being acquired or constructed, as such services(s) is
described in the Grantee's final, approved application. No reduction or termination of such service shall be
made without compliance with all applicable statutory and regulatory previsions. At least 30 days prior to (a)
any reduction or termination of such service or (b) the filing of a request for such reduction or termination with
the appropriate regulatory agency, whichever comes first, the Grantee shall give written notice of the proposed
action (or shall require the operator of such service to give such notice) to the Department and all units of local
government within the Grantee's service area.
ITEM 9 - REAL PROPERTY, EQUIPMENT AND SUPPLIES
a. Use of Project Facilities - The Grantee agrees that the Project Facilities will be used for the provision
of mass transportation service within the Grantee's service area, substantially in the manner described in
the Grantee's final, approved application. Project Facilities may be used for incidental charter or sight-
seeing services when not needed for mass transportation service operations. Such Project Facilities shall
be used for (a) a period of twenty (20) years from the completion of the Project, or (b) the pedod of the
useful life of such Project Facilities as determined in accordance with generally accepted accounting
principles and Department guidelines, whichever period of time is less. if, during such period, such Project
Facilities are not used for the Project as required by the terms of this Agreement, or are sold or otherwise
disposed of, or withdrawn from mass transportation service at the initiative of the Grantee, the Grantee
shall immediately notify the Department, and shall at the Department's discretion and as provided in
Department guidelines, remit to the State a proportional amount of the fair market value, if any, of such
Project Facilities.
If the Project Facilities include commuter parking, the Parties agree that users of the commuter parking
facilities funded by this Grant may be char'ged a fee for the use of such facilities, but the amount of such
fee shall be so established to meet reasonable maintenance and operating expenses, and to establish a
sinking fund to cover major rehabilitation, or for other transit related purposes as approved by the
Department in writing. The Project Facilities shall be equally available for use by all commuters regardless
of the place of residence, and there shall be no difference in the amount of fees charged to users of such
commuter parking facilities based on place of residence~
The Grantee shall keep satisfactory records with regard to the use of the Project Facilities and shall submit
to the Department, upon request, such information as the Department may require in order to assure
compliance with this ITEM, and the Grantee shall immediately notify the Department in all cases where
Project Facilities are used in a manner substantially different from that described in the Grantee's final
approved application. The Grantee shall maintain, in an amount(s) and form satisfactory to the
Department, such insurance or self-insurance as will be adequate to protect Project Facilities throughout
the period of required use. The cost of such insurance shall not be an item of allowable cost under this
Agreement. The Grantee shall also submit, from time to time, to the Department upon request, a
certification that the Project Facilities are stiil being used in accordance with the terms of this Agreement
and further certify that no part of the local contribution to the cost of the Project has been refunded' or
reduced.
b. Maintenance & Withdrawn Property - The Grantee agrees to maintain any Project Facilities at a high
level of cleanliness, safety, and mechanical soundness and in accordance with any guidelines,
directives, or regulations that the manufacturer, contractor, or the Department may issue, the stricter
standard shall apply unless excused by the Department. For vehicles, the manufacturer's suggested
maintenance and inspection schedule will be considered the minimum maintenance standard that must
be adhered to. The Department shall have the right to conduct periodic inspections for the purpose of
confirming proper maintenance pursuant to this Section. The Department reserves the right to require the
State Capital Grant 7
Grantee to restore, repair or replace Project Facilities or pay for damage as a result of abuse or misuse
of such Project Facilities. If, at any time during the useful life of the Project Facilities, any of the Project
Facilities are not used for the purposes specified in this Agreement, whether by planned withdrawal,
misuse or casualty loss, the Grantee shall immediately notify and receive approval from the Department
prior to disposing of such Project Facilities. Any such disposition shatl be in accordance with Department
procedures.
(1) Interest in Property - Unless otherwise approved by the Department, the Grantee agrees to
remit to the Department the State interest in the fair market value, if any, of any item of the Project
Facilities whose unit value exceeds $5,000. The amount of that interest shall be determined on the
basis of the ratio of the assistance awarded by the Department for the Project to the actual cost of
the Project.
(2) Fair Market Value - The following requirements apply to the calculation of fair market value:
(A) Unless otherwise approved in writing by the Department, the fair market value of any of the
Project Facilities will be the value of that property at the time immediately before the occurrence
that prompted the withdrawal of the Project Facilities from transit use. The fair market value
shall be calculated by the one of the following: (1) appraised value, (2) on a straight line
depreciation of the Project Facilities, based on a useful life approved by the Department
irrespective of the reason for withdrawal of Project Facilities from transit use, or (3) the actual
proceeds from the public sale of such property, whichever method is approved by the
Department. Any appraiser employed for such purposes shall be subject to the prior approval of
the Department.
The fair market value of any of the Project Facilities lost or damaged by casualty or fire will be
calculated on the basis of the condition of such property immediately before the casualty,
irrespective of the extent of insurance coverage.
(B) Exceptional Circumstances - The Department, however, reserves the right to require
another method of valuation to be used if determined to be in the best interest of the
Department. In unusual circumstances, the Grantee may request that the Department approve
another reasonable method of determining fair market value be used, including but not limited to
accelerated depreciation, comparable sales, or estimated market values. In determining
whether to approve an alternate method, the Department may consider any action taken,
omission made, or unfortunate occurrence suffered by the Grantee with respect to the
preservation or conservation of the value of the particular item of property that, for any reason,
has been withdrawn from service.
c. Misused or Damaged Property - If damage to any of the Project Facilities results from abuse
misuse that has taken place with the Grantee's knowledge and consent, the Grantee agrees that the
Department may require the Grantee to restore those Project Facilities to their original condition or refund
the fair market value of the State interest in such damaged Project Facilities.
d. Obligations After Project Close-Out - The Grantee agrees that project close-out will not alter its
property management obligations set forth in this Agreement.
ITEM 10 - ETHICS
a. Code of Conduct
(1) Personal Conflict of Interest - The Grantee shall maintain a written code or standard of conduct
which shall govern the performance of its employees, officers, board members qr agents engaged in
the award and administration of contracts supported by federal or state funds. Such code shall provide
that no employee, officer, board member, or agent of the Grantee may participate in the selection,
award, or administration of a contract supported by federal or state funds if a conflict of interest, real or
State Capital Grant 8
apparent, would be involved. Such ¢J 80~fiiCt Would arise when any of the parties set forth below has a
financial or other interest in the firm selected for award:
(A) The employee, officer, board member, or agent;
(B) Any member of his or her immediate family;
(C) His or her partner; or
(D) An organization that employs, or is about to employ, any of the above.
The conflict of interest requirement for former employees, officers, board members and agents shall
apply for one year.
The code shall also provide that the Grantee's employees, officers, board members or agents shall
neither solicit nor accept gratuities, favors or anything of monetary value from contractors, potential
contractors, or parties to sub-agreements. The Department may waive the prohibition contained in this
subsection, provided that any such present employee, officer, board member, or agent shall not
participate in any action by the Grantee or the locality relating to such contract, subcontract, or
arrangement.
(2) Organizational Conflict of Interest - Grantee will also prevent any real and apparent organizational
conflict of interest. An organizational conflict of interest exists when the nature of the work to be
performed under a proposed third party contract or subcontract may, without some restriction on future
activities, result in an unfair competitive advantage to the third party contractor or grantee or impair the
objectivity in performing the contract work.
b. Bribery - Nongovernmental grantees certify that it has not been convicted of bdbery or attempting to
bribe an officer or employee of the State of Illinois, nor has the Grantee made an admission of guilt of such
conduct which is a matter of record, nor has an official, agent or employee of the Grantee committed
bribery or attempted bribery on behalf of the firm and pursuant to the direction or authorization of a
responsible official of Grantee. The Grantee further certifies that it has not been barred from contra~ting
with a unit of the State or local government as a result of a violation of Section 33E-3 or 33E-4 of the Illinois
Criminal Code .
ITEM 11 - ACCOUNTING RECORDS
a. Proiect Accounts - The Grantee shall establish and maintain, as a separate set of accounts or as an
integral part of its current accounting scheme, accounts for the Project in conformity with requirements
established by the Department.
b. Funds Received or Made Available for the Proiect - Grantee shall appropriately record in the Project
Account, and deposit in a federally insured bank or trust company, all Grant payments received by it from
the Department pursuant to this Agreement and all other funds provided for, accruing to, or otherwise
received on account of the Project, which Department payments and other funds are herein collectively
referred to as "Project Funds."
The Grantee shall require the depositories of Project Funds to secure continuously and fully all Project
Funds in excess of the amounts insured under federal plans, or under state plans which have been
approved for the deposit of the Project Funds by the Department, by the deposit or setting aside of
collateral of the types and in the manner as described by state law for the security of public funds.
The Grantee agrees to report to the Department quarterly by the fifteenth day of the month following the
reported quarter, and at such other times as the Department may prescribe in writing, the amounts
recorded, as required above, in the Project Account.
State Capital Grant 9
All Project Funds held by the Grantee over one (1) month shall draw interest and the amount of such
interest earned shall be reported to the Department in the quarterly Project Account report. Such interest
shall be applied to the Net Project Cost as directed by the Department.
c. Eligible Costs - Expenditures made by the Grantee shall be reimbursable as eligible costs to the
extent they meet ail of the requirements set forth below. They must:
(1) be made in conformance with the Grantee's final approved application and the Approved Project
Budget and all other provisions of this Agreement;
(2) be necessary in order to accomplish the Project;
(3) be reasonable in amount for the goods or services purchased;
(4) be actual net costs to the Grantee (i.e., the price paid minus any refunds, rebates, or other items
of value received by the Grantee that have the effect of reducing the cost actually incun'ed);
(5) be incurred (and be for work performed) after the date of this Agreement, unless specific Written
authorization from the Department to the contrary is received;
(6) be in conformance with the standards for allowability of costs established by the Department; -
(7) be satisfactorily documented;
(8) be treated uniformly and consistently under accounting principles and procedures approved or
prescribed by the Department for the Grantee; and those approved or prescribed by the Grantee for
its contractors; and
(9) be eligible support and supervisory costs, but only for eligible Grantees. Such support and
supervisory costs mean those supervisory costs allocated to the capita[ project based on an approved
cost allocation plan and support services costs. Provided however, that the Department will not
consider for approval a cost allocation plan that has not been approved by either the Federal Transit
Administration or the Grantee's cognizant federal agency; and, provided further, that the support costs
shall not exceed two (2) percent of the amount of any grant for the purchase of rolling stock and six
(6) percent of the amount of any grant for all other types of capital projects.
(10) not be expenditures incurred by the Grantee which exceed the amount budgeted for a specific
project line item (i.e. project element, job order or item) unless, at the time of completion of the project
line item, those expenditures meet all of the requirements below:
(A) Justification satisfactory to the Department is provided to explain the reason for the over
expenditure and why that over expenditure was not anticipated prior to exceeding the budget'for
the project line item;
(B) The budget for the project line item covers the full scope of the project line item, i.e., the
budget of the project line item is intended to be adequate for the completion of the project line
item (including, but not limited to, all engineering, material procurement, or construction);
(C) The amount by which the expenditures exceed the budget for the project line item is less
than $10,000 or five percent of the approved budget of the project line item, whichever is [ess;
State Capital Grant 10
(D) There are sufficient unspent funds in contingencies which may be reallocated to the budget
of the project line item;
(E) The funds remaining in Contingencies after reallocation of the funds to the budget of the
project line item are sufficient, as determined by the Department, to provide for the uncompleted
portions of all project line items described in the Agreement; and
(F) The increased expenditure will not cause the allowable State Grant for the Project to be
exceeded..
However, in the event that it may be impractical to determine exact costs of indirect or service functions,
eligible costs will include such allowances for these costs as may be approved by the Department.
d. Documentation of Project Costs - All costs charged to the Project, including any approved servibes
contributed by the Grantee or others, shall be supported by properly executed payrolls, time records,
invoices, contracts, or vouchers evidencing in detail the nature and propriety of the charges, in form and
content satisfactory to the Department.
e. Checks, Orders, and Vouchers - Any check or order drawn by the Grantee with respect to any item
which is or will be chargeable against the Project Account will be drawn only in accordance with a propedy
signed voucher then on file in the office of the Grantee stating in proper detail the purpose of which such
check or order is drawn. All checks, payrolls; invoices, contracts, vouchers, orders, or other accounting
documents pertaining in whole or in part to the Project shall be clearly identified, readily accessible, and,
to the extent feasible, kept separate and apart from all other documents.
f. Record Retention - The Grantee shall maintain (and cause its contractors to maintain), for a minimum
of three(3) years after the completion of the Agreement (which shall occur after the completion of
settlement of audit findings), all books, records, and supporting documents to vedfy the amounts, receipts,
disbursements, recipients, and uses of all funds passing in conjunction with the Agreement; the
Agreement and all books, records, and supporting documents related to the Agreement shall be available
for review and audit by the Auditor General or the Department (hereinafter "Auditing Parties"); and the
Grantee agrees to cooperate fully with any audit conducted by the Auditing Parties and to provide full
access to all relevant materials. Failure to maintain the books, records, and supporting documents
required by this section shall establish a presumption in favor of the Department for the recovery of any
funds paid by the Department under the Agreement for which adequate books, records, and supporting
documentation are not available to support their purported disbursement.
g. General Audit and Inspection - The Grantee shall permit, and shall requi~e its contractors to permit,
the Department or any other State agency authorized to perform such audit and inspection, to inspect all
work, materials, payrolls, and other data and records, with regard to the Project, and to audit the books
records and accounts of the Grantee and its contractors with regard to the Project. The Department may
also require the Grantee to furnish at any time prior to close-out of the Project, audit reports prepared
according to generally accepted accounting principles. The Grantee agrees to comply promptly with
recommendations contained in the Department's final audit report.
h. Unused Funds - The Grantee agrees that upon completion of the Project, and after payment or
provision for payment or reimbursement of all Eligible Costs, the Grantee shall refund to the Department
any unexpended balance of the Grant. Prior to close-out, however the Department reserves the right to
deobligate unspent funds.
State Capital Grant 11
ITEM ,12 - REQUISITIONS AND PAYMENTS
a. Requests for Payment by the Grantee - The Grantee may submit written requisitions for payment of
the State share of eligible costs, and the Department shall honor such requests in the manner set forth in
this iTEM. In order to receive grant payments pursuant to this Agreement, the Grantee must:
(1) complete, execute and submit to the Department requisition forms supplied by the Department in
accordance with the instructions contained therein;
(2) submit to the Department an explanation of the purposes for which costs have been incurred to
date or are reasonably expected to be incurred within the requisition period (not more than 30 days
after the date of submission), and vouchers, invoices, or other documentation satisfactory to the
Department to substantiate these costs;
(3) where local funds are required, demonstrate or certify that it has supplied local funds adequate,
when combined with the State payments and any applicable Federal payments, to cover all costs to
be incurred through the end of the requisition period;
(4) have submitted all financial and progress reports currently required by the Department, and
(5) have received approval by the Department for all budget revisions required to cover all costs to
be incurred through the end of the requisition period.
b. Payment by the Department - Upon receipt of the requisition form and the accompanYing information
in satisfactory form, the Department shall process the requisition, provided that the Grantee is not in
violation of any of the terms of this Agreement, has satisfied the Department of its need for the State funds
requested during the requisition period, and is making progress, satisfactory to the Department, towards
the timely completion of the Project. If all of these circumstances are found to exist, the Department shall
reimburse apparent allowable costs incurred (or to be incurred during the requisition period) by the
Grantee, from time to time, but not in excess of the maximum amount of the State share of the Approved
Project Budget. Requisitions shall not be submitted more frequenfiy than monthly. Reimbursement of any
cost pursuant to this ITEM shall not constitute a final determination by the Department of the allowability of
such cost and shall not constitute a waiver of any violation of the terms of this Agreement committed by
the Grantee. The Department will make a final determination as to allowability only after a final audit of the
Project has been conducted.
In the event that the Department determines that the Grantee is not currently eligible to receive any or all
of the funds requested, it shall promptly notify the Grantee stating the reasons for such determination.
c. Disallowed Costs - In determining the amount of the Grant, the Department will exclude; (i) all Project
costs incurred by the Grantee prior to the date of this Agreement, or other date specifically authorized by
the Department, whichever is earlier; (ii) costs incurred by the Grantee which are not provided forin the
latest Approved Project Budget for the Project; and (iii) except as otherwise provided in Department
guidelines, costs attributable to goods or services received under a contract or other arrangement which
has not been concurred in or approved in writing by the Department. Costs of construction performed by
employees of the Grantee will also be disallowed as eligible Project costs unless the use of such
employees is specifically approved in advance by the Department.
State Capital Grant
ITEM 13 - RIGHT OF DEPARTMENT TO TERMINATE
Upon written notice to the Grantee, the Department reserves the right to suspend or terminate alt or any part of
the financial assistance herein provided for when the Grantee is, or has been in violation of the terms of this
Agreement, for Department convenience, or when the Department determines, in its sole judgment, that the
purpose of the Acts would not be adequately served by continuation of Department financial assistance to the
Project. Termination of any part of the Grant will not invalidate obligations properly incurred by the Grantee
and concurred in by the Department pdor to the date of termination, to the extent they are non-cancelable. The
acceptance of a remittance by the Department of any or all Project Funds previously received by the Grantee
or the closing out of State financial participation in the Project shall not constitute a waiver of any claim which
the State may otherwise have arising out of this Agreement.
Upon the occurrence of any condition or conditions listed in this ITEM for termination or suspension, the
Parties agree that the Department, by written notice to the Grantee, may elect to withhold or delay payment as
provided in the Apprqved Project Budget, or any portion thereof; or, if payment or payments have already been
made pursuant hereto, to recall such payment or payments or any portion thereof. The Grantee agrees that
upon receipt of such notice of recall the Grantee shall immediately return such Grant payment or payments, or
any portion thereof, which the Grantee has received pursuant hereto.
The foregoing remedies shall become available to the Department if the Grantee violates the terms of this
Agreement and/or if one or more of the of the following occurs:
a. There is any misrepresentation of a material nature in the Grantee's Application, or amendment
thereof, or otherwise in respect to this Agreement, or in any document or data furnished pursuant hereto,
or in any other submission of the Grantee required by the Department in connection with the Grant;
b. There is pending litigation which, in the opinion of the Secretary of the Department, may jeopardize
the Grant or the carrying out of this Agreement;
c. There has been, in connection with the Grant, any violation of the State or Federal regulations,
ordinances or statutes applicable to the Grantee, its officers or employees which, in the opinion of the
Secretary, affects this Agreement;
d. Any contributions provided by the Department pursuant to this Agreement are used for an ineligible
purpose; .-'
e. Th~ Grantee is unable to substantiate the proper use of the Grant provided pursuant to this
Agreement;
f. The Grantee is in default under any of the provisions of this Agreement;
g. There is a failure to make progress which, in the judgment of the Department, significantly endangers
substantial performance of the Project within a reasonable time.
h. The Grantee has failed to maintain the Project Facilities as required by this Agreement;
i. The Department determines that the purpose of the Acts would not be adequately served by
continuation of State assistance to the Project, or
j. The state Legislature faits to make sufficient appropriations for this Grant.
State Capital Grant 13
ITEM 14 - PROJECT SETTLEMENT AND CLOSE-OUT
Upon receipt of notice of successful completion of the Project or upon termination by the Department, the
Department shall perform a final audit of the Project to determine the allowability of costs incurred, and shall
make settlement of the State gra[~t described in this Agreement. If the Department has made payment to the
Grantee in excess of the total amount of such StateGrant, the Grantee shall promptly remit such excess to the
Department. The Project close-out occurs when the Department notifies the Grantee that the Project is closed-
out and forwards the final Grant payment or when an appropriate refund of State grant funds has been
received from the Grantee and acknowledged by the Department. Close-out shall be subject to any continuing
obligations imposed on the Grantee by this Agreement or contained in the final notification or acknowledgment
from the Department.
ITEM '15 - GRANTEE'S WARRANTIES
Grantee agrees to initiate and consummate ali actions necessary to enable it to properly and lawfully enter into
this Agreement. Grantee warrants that there is no provision of its charter, by-laws or any rules~ regulations, or
legislation which prohibits, voids, or otherwise renders unenforceable against Grantee any provision or clause
of this Agreement. Grantee warrants further that it has paid all Federal, State and local taxes levied or
imposed and will continue to do so, excepting only those which may be contested in good faith, that Grantee
has or will obtain all licenses, permits or other authorizations required to meet the obligations assumed
hereunder and that Grantee will comply with all lawful statutes, ordinances, rules, and regulations as may apply
to the obligations assumed hereunder. Grantee agrees that prior to Department execution of this Agreement,
Grantee will deliver to the Department:
a. An opinion of counsel, acceptable to the Department that Grantee is an eligible participant in the
Project, that Grantee has complied fully with the pertinent requirements of State and Federal law, its
charter, bylaws and internal procedures in entering into this Agreement; that there is no pending litigation
concerning the authority of Grantee to enter into this Agreement, and that this Agreement is legally binding
upon the Grantee; and
b. A ced[fled copy of the resolution of its governing board authorizing and approving execution of this
Agreement; and
c. An executed copy of the "State of Illinois Drug Free Workplace Certification."
ITEM '16 - CONTRACTS OF THE GRANTEE
The Grantee shall not execute any contract or obligate itself in any other manner with any th[rd party with.
respect to the Project, without the prior written approval by an authorized representative of the Department,
except where otherwise provided in Department guidelines, or otherwise specifically approved in writing by the
Department~ Each contract entered into by Grantee must be approved by the Department prior to the Grantee
executing such contract, except as provided in Department guidelines.
The Grantee shall include a requirement in all Grantee contracts with third parties that the contractor comply
with the requirements of this Agreement in performing the contract, and the contract be subject to the terms
and conditions of this Agreement.
ITEM 17 - COMPETITIVE BIDDING
State Capital Grant 14
Grantee agrees to give full opportunity for free, open and competitive bidding for each contract to be let by
Grantee calling for construction or furnishing of any materials, supplies, or equipment to be paid for with Project
Funds and Grantee shall give such publicity in its advertisements or calls for bids for each such contract as will
provide adequate competition. The award of each such contract shall be made by Grantee as soon.as
practical to the lowest responsible bidder except as otherwise provided in Department guidelines or as
otherwise specifically approved in wdting by the Department. Contracts for professional or consulting services
and contracts for the purchase of land~ real estate, transit property, or other real or personal property not
normally acquired through competitive bidding are specifically excluded from the requirements of this ITEM,
except that contracts for professional and consulting services shall be awarded only after competitive
solicitation of proposals from at least three qualified firms, as required by Department guidelines.
ITEM 18 - THIRD PARTY CONTRACT CHANGES
No change or modification of the scope of the work or cost thereof shall be made to any centract and no work
shall commence and no costs or obligations incurred in consequence of such change or modification except as
provided in Department guidelines or as otherwise specifically approved in wdting by the Department, and,
where required, until the Approved Project Budget has been amended by the Department as may be necessary
to accommodate such change or modification.
ITEM '19 - PRE-BID REVIEW
Except as otherwise provided in Department guidelines or as otherwise specifically approved in wdting by the
Department, the Grantee agrees that, prior to advertising for any bids for any work to be performed under ITEM
17 - COMPETITIVE BIDDING, the Grantee shall submit one copy each of the proposed contract, plans and
specifications, proposed advertisement for bids, and all related bidding documents, to the Department for
approval. The bid invitation or advertisement shall include a statement that the contract to be let is subject to
the terms and conditions of this Agreement between the Grantee and the Department.
ITEM 20- PRE-AWARD REVIEW AND APPROVAL OF EMINENT DOMAIN PROCEEDINGS
Except as otherwise provided in Department guidelines or as otherwise specifically approved in writing by the
Department, the Grantee agrees to obtain Department approval prior to making any award to other than the
Iow bidder, including but not limited to; (i) instances in which the Grantee determines that the low bid is not
responsive or that the Iow bidder is not responsible or should be disqualified for'tither reasons, prior to award
of any contract valued at $100,000 or more, (ii) prior to award of any contract not competitively bid, and (iii)
prior to instituting eminent domain proceedings.
ITEM 2'1 - POST-AWARD REQUIREMENTS
Within thirty (30) days after award of any third-party contract, the Grantee shall submit a copy of the executed
contract and related documents as required by Department guidelines or as otherwise requested by the · '
Department.
ITEM 22 - ASSIGNMENTS
The Grantee agrees that this Agreement shall not be assigned, transferred, conveyed, sublet or otherwise
disposed of without the prior written consent of the Department, which consent may be withheld.
State Capital Grant 15
The Grantee also agrees that no contract for construction work or professional or consulting services of any
kind in connection with the Project shall be assigned, transferred, conveyed, sublet or otherwise disposed of
without the prior written consent of the Department which consent may be withheld,
ITEM 23 - PERFORMANCE BOND
The Grantee agrees to require that each contractor performing construction work on the Project shall furnish a
performance bond in an amount equal to at least one hundred percent (100%) of the contract price as security
for the faithful performance of the contract. However, the requirements of this ITEM shall be satisfied by the
filing with the Department of certified copies of such bonds of equal or better coverage required by the terms of
any Federal Capital Grant Contract applicable to the Project~
ITEM 24 - COOPERATION IN CONNECTION WITH INSPECTION
In, connection with any inspection on behalf of the Department under this Agreement the, Grantee agrees to
cooperate fully by making available to the Department reports of all prior inspections (including quality control
and safety) and by performing such analyses and tests, and furnishing of reports thereof, as may be
reasonably requested by the Department, and by allowing the Department any and ail physical inspections of
Project Facilities, and records thereof, as requested by the Department. All such inspections shall be
performed without disruption or interference with service provided or supported by this Agreement. The results
Or conclusions of such inspections, tests, and reports shall not be construed as altering in any way the
Grantee's responsibility to conform its work to this Agreement, to maintain and repair such facilities, maintain
its work schedule, or to meet any other obligation assumed by the Grantee hereunder.
ITEM 25 - INDEMNIFICATION AND INSURANCE
The Grantee agrees to save harmless and indemnify the State, and its officials, employees and agents from
any and all losses, expenses~ damages (including loss of use), demands and claims and shall defend any suit
or action, whether at law or in equity, brought against it based on any alleged injury (including death) or
damage arising from the actions or in actions of a Grantee, and its employees, officials, agents, contractors
and subcontractors and shall further pay ail damages, judgments, costs and expenses, including attorney's
fees, incurred by the State and its officials, employees and agents in connection therewith.
The Grantee agrees that it will maintain or cause to be maintained, for the duration of the Project, such s~lf-
insurance or policies of insurance with limits and upon terms satisfactory to the Department as will protect the
Grantee from any other claims for damages to property or for bodily injury including death, which may arise
from or in connection with the operations hereunder by the Grantee, or by anyoqe directly or indirectly
employed by or associated with it, and the Grantee shall at all times during the Project maintain and furnish the
Department with current certificate(s) evidencing all such required insurance coverage. The cost of such
insurance carried by the Grantee shall not be an item of eligible Project cost.
ITEM 26 - NON-WAIVER
The Grantee agrees that in no event shall any action on behalf of or by the Department, including the making
by the Department of any payment under this Agreement, constitute or be construed as a waiver by the
Department of any breach by the Grantee of any terms of this Agreement or default on the. part of the Grantee
which may ther~ exist; and any action, including the making of a payment by the Department while any such
breach or default shall exist, shall in no way impair or prejudice any right or remedy available to the
Department in respect to such breach or default. The remedies available to the Department under this
State Capital Grant 16
Agreement are cumulative and not exclusive; The waiver or exercise of any remedy shall not be construed as
a waiver of any other remedy available hereunder or under general principles of law or equity.
ITEM 27 - NON-COLLUSiON
The Grantee warrants that it has not paid and agrees not to pay thereafter any bonus, commission, fee or
gratuity for the purpose of obtaining any approval of its application for any grant pursuant to this Agreement.
The Grantee further represents and warrants that no State officer or employee, or member of the State General
Assembly or of any unit of local government which contributes to the Project funds, shall be entitled to any
share or part of this Agreement or to any benefits arising therefrom.
ITEM 28 - INDEPENDENCE OF GRANTEE
In no event shall the Grantee or any of its employees, agents, contractors or subcontractors be considered
agents or employees of either the Department or the State of Illinois. Furthermore, the Grantee agrees that
none of its employees, agents, contrac{ors or subcontractors will hold themselves out as, or claim to be,
agents, officers or employees of the Department or the State of Illinois, and will not by reason Of any
relationship with the Grant make any claim, demand or application to or for any right or privilege applicable to
an agent, officer or employee of the Department or the State of Illinoisl including but not limited to, rights and
privileges concerning worker's compensation and occupational diseases coverage, unemployment
compensation benefits, Social Security coverage or retirement membership or credit.
ITEM 29 - LABOR LAW COMPLIANCE
The Grantee agrees to comply with all labor laws pertaining to the Project, if any, and all applicable State and
federal laws and regulations including, but not limited to, the following: laws and regulations relating to
minimum wages to be paid to employees, limitations upon the employment of minors, minimum fair wage
standards for minors, payment of wages due employees, and health and safety of employees.
The Grantee also agrees to require any contractor doing construction work or performing professional or
consulting service in connection with the Project to agree to such compliance.
ITEM 30 - EQUAL EMPLOYMENT PRACTICES
The Grantee shall comply with the "Equal Employment Opportunity Clause" required by the Illinois Department
of Human Rights. It is understood that the term "contractor", in this item shall also mean ~Grentee.' The Equal
Employment Opportunity Clause reads as follows:
In the event of the Contractor's non-compliance with any provisions of this Equal Employment Opportunity
Clause, the Illinois Human Rights Act Rules and Regulations of the Illinois Department of Human Rights
("Department"), the contractor may be declared ineligible for future contracts or subcontracts with the State
of Illinois or any of its political subdivisions or municipal corporations, and the contract may be canceled or
voided in whole or in part, and such other sanctions or penalties may be imposed or remedies invoked as
provided by statute or regulation. During the performance of this contract, the contractor agrees as
follows:
1. That it will not discriminate against any employee or applicant for employment because of race,
color, religion, sex, national origin, ancestry, age, physical or mental handicap unrelated to ability,
or an unfavorable discharge from military service; and further that it will examine all job
State Capital Grant 17
classifications to determine if minority persons or women are underutilized and will take
appropriate affirmative action to rectify any such under utilization.
2. That, if it hires additional employees in order to perform this contract or any portion thereof, it will
determine the availability (in accordance with the Department's Rules and Regulations) of
minorities and women in the area(s) from which it may reasonably recruit and it will hire for each
job classification for which employees are hired in such a way that minorities and women are not
underutilized.
3. That, in all solicitations or advertisements for employees placed by it or on its behalf, it will state
that all applicants will be afforded equal opportunity without discrimination because of race, color,
religion, sex, national origin or ancestry, physical or mental handicap unrelated to ability, or an
unfavorable discharge from military service.
4. That it will send to each labor organization or representative of workers with which it has or is
bound by a collective bargaining or other agreement or understanding, a notice advising such
labor organizations or representative of the contractor's obligations under the Illinois Human
Rights Act and the Department's Rules and Regulations. If any such labor organization or
representative fails or refuses to cooperate with the contractor in its efforts to comply with such
Act and Rules and Regulations, the contractor will promptly notify the Department and the
contracting agency and will recruit employees from other sources when necessary to fulfill its
obligations thereunder.
That it will submit reports as required by the Department's Rules and Regulations, furnish all
relevant information as may from time to time be requested by the Department or the contracting
agency, and in all respects comply with the Illinois Human Rights Act and the Department's Rules
and Regulations.
6. That it will permit access to all relevant books, records, accounts, and work sites by personnel of
the contracting agency and the Department for purposes of investigation to ascertain compliance
with the illinois Human Rights Act and the Department's Rules and Regulations.
7. That it will include verbatim or by reference the provisions of this ITEM in every contract and
subcontract it awards under which any portion of the contract obligations are undertaken or
assumed, so that such provisions will be binding upon such subcontractor. In the same manner
as with other provisions of this Agreement, the contractor will be liable for compliance with
applicable provisions of this clause by such contractors and subcontractors; and further it will
promptly notify the contracting agency and the Department in the event any contractor or
subcontractor fails or refuses to comply therewith. In addition, the contractor will not utilize any
contractor or subcontractor declared by the illinois Human Rights Commission to be ineligible for
contracts or subcontracts with the State of Illinois or any of its political subdivisions or municipal
corporations.
8. The Grantee shall have written sexual harassment policies that shall include, at a minimum, ;(he
following information: (i) the illegality of sexual harassment; (ii) the definition of sexual
harassment, under State law; (iii) a description of sexual harassment, utilizing examples; (iv) the
Grantee's internal complaint process including penalties; (v) the legal recourse, investigative, and
complaint process available through the Department of Human Rights and the Human Rights
Commission;(vi) directions on how to contact the Department and Commission; and (vii)
protection against retaliation as provided by Section 6-101 of the Illinois Human Rights Act. A
copy of the policies shall be provided to the Department upon request."
State Capital Grant 18
classifications to determine if minority persons or women are underutilized and will take
appropriate affirmative action to rectify any such under utilization.
2. That, if it hires additional employees in order to perform this contract or any portion thereof, it will
determine the availability (in accordance with the Department's Rules and Regulations) of
minorities and women in the area(s) from which it may reasonably recruit and it will hire for each
job classification for which employees are hired in such a way that minorities and women are not
underutilized.
3. That, in all solicitations or advertisements for employees placed by it or on its behalf, it will state
that all applicants will be afforded equal opportunity without discrimination because of race, color,
religion, sex, national origin or ancestry, physical or mental handicap unrelated to ability, or an
unfavorable discharge from mititary service.
4. That it will send to each labor organization or representative of workers with which it has or is
bound by a collective bargaining or other agreement or understanding; a notice advising such
labor organizations or representative of the contrector's obligations under the illinois Human
Rights ACt and the Department's Rules and Regulations. If any such labor organization or
representative fails or refuses to cooperate with the contractor in its efforts to comply with such
Act and Rules and Regulations, the contractor will promptly notify the Department and the
contracting agency and will recruit employees from other sources when necessary to fulfill its
obligations thereunder.
5. That it will submit reports as required by the Department's Rules and Regulations, furnish all
relevant information as may frem time to time be requested by the Department or the contracting
agency, and in ail respects comply with the Illinois Human Rights Act and the Department's Rules
and Regulations.
6. That it will permit access to all relevant books, records, accounts, and work sites by pereonnel of
the contracting agency and the Department for purposes of investigation to ascertain compliance
with the Illinois Human Rights Act and the Department's Rules and Regulations.
7. That it will include verbatim or by reference the provisions of this ITEM in every contract and
subcontract it awards under which any portion of the contract obligations are undertaken or
assumed, so that such provisions will be binding upon such subcontractor. In the same manner
as with other previsions of this Agreement, the contractor will be liable for compliance with
applicable previsions of this clause by such contrectore and subqontractors; and further it will
promptly notify the contracting agency and the Department in the event any contractor or
subcontractor fails or refuses to comply therewith. In addition, the contractor will not utilize any
contractor or subcontractor declared by the Illinois. Human Rights Commission to be ineligible for
contracts or subcontracts with the State of Illinois or any of its political subdivisions or municipal
corporations.
8. The Grantee shall have written sexual haressment policies that shall include, at a minimum, the
following information: (i) the illegality of sexual harassment; (ii) the definition of sexual
harassment, under State law; (iii) a description of sexual harassment, utilizing examples; (iv) the
Grantee's internal complaint precess 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 Humar) Rights Act. A
copy of the policies shall be provided to the Department upon request."
State Capital Grant 18
ITEM 31 - SEVERABILITY
The Parties agree that if any provision of this Agreement is held invalid for any reason whatsoever, the
remaining provisions shall not be affected thereby if such remainder would then continue to conform to the
purposes, terms and requirements of applicable law.
ITEM 32 - PATENT RIGHTS
Any patentable result arising out of this Agreement, as well as all information, design, specifications, know-
how, data and findings shall be made available to the United States of America and to the State for public use,
unless the Parties shall determine, in a specific case where it is legally permissible, that it is in the public
interest that it not be so made available.
ITEM 33 - AMENDMENT
The Parties agree that no change or modification to this Agreement, or any Exhibits or Attachments hereto,
shall be of any force er effect unless the amendment is dated, reduced to writing, executed by both parties, and
attached to and made a part of this Agreement. No work shall be commenced and no costs or obligations shall
be incurred in consequence of any amendment to this Ag~'eement or any attachments hereto untess and until
such amendment has been executed and made a part of this Agreement and the Approved Project Budget has
been amended to conform thereto.
ITEM 34 - TITLES
The Parties agree that the titles of the Items of this Agreement, hereinabove set forth, are inserted for
convenience of identification only and shall not be considered for any other purpose.
ITEM 35 - SCHOOL BUS OPERATIONS
Pursuant to 20 ILCS 2705/49.19 (6), and as a condition of receiving grant monies from the Department, the
Grantee certifies, by signing this Agreement, that it is not engaged in school bus operations exclusively for the
transportation of students and school bus personnel in competition with private school bus operators where
such private school bus operators are available to provide adequate transportation at reasonable rates in
conformance with applicable safety standards, if the Grantee does engage in school bus operations
exclusively for the transportation of students and school bus personnel as described above, then the Grantee
certifies that it operates a school system in the area to be served thereby and operates a separate and
exclusive school bus program for the school system. The Grantee further agrees and certifies that it shall
immediately notify the Department in writing of its involvement in or its intention to become invctved in any
school bus operation prohibited by Section 49.19 (6) after the date of this certification and this Agreement.
ITEM 36 - DRUG FREE WORKPLACE
The Grantee agrees to comply with the Illinois Drug Free Workplace Act (30 ILCS 580/1 et secj,) and has
signed the State of Illinois Drug Free Workplace Certification attached to this Agreement as Exhibit C.
State Capital Grant 19
TEM 37 - TAXPAYER IDENTIFICATION NUMBER
Under penalties of perjury, the Grantee certifies that 30 0005870 is the correct Federal Taxpayer Identification
Number. The entity is doing business as a governmental entity.
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be made effective and executed
as of the __ day of ,20 , by their respective duly authorized officials.
Sign'"~t~re of AuthoriZed Repr~ntative Type or Print Name of Authorized Representative
Type or Print Title of Authorized Representative
Accepted on behalf of the State of Illinois, Department of Transportation:
Kirk Brown, Secretary of Transportation
State Capital Grant 20
Illinois Department of Transportation
Division of Public Tran~po~ation
310 South Michigan Avenue / 16th. Floor
Chicago, Illinois / 60604
06/30/00 Exhibit B:
APPROVED PROJECT BUDGET
State grant: CAP-00-708-0GL
Grantee: village of Mount Prospect
Contract: 3091
Budget: 1
Scope: Station access improvements, reconstruction and reconfiguration
of a commuter kiss and ride area and rehabilitation of an
masonry bus shelter at the Mt. Prospect Station (UP-NW). 1)
Removal and Replacement of app. 625 ft of sidewalk along
Eastside of Main St, southside of Northwest Hwy and westside of
Emerson St. 2) Electronic Message display board will be placed
in the SE q~ad of Northwest Hwy and Main St.
This grant is for design, construction, and construction Mgmt.
Budget effective:
Budge= 1
6404 Mt, Prospect Kiss&R, UPR-NW
15.08.02 mgr~t. & inspection 30,000 K 100
15.08.01 design engineering 30,000 K 100
15.11.40 ct. construction 309,000 K 100
15.32.00 contingencies 31,000 K 100
Expiration: 09/30/02 400,000
TOTAL FOR GRANT > 400,000
Shares, per contract: I Share subtotals, fr~m above:
Federal 0
400,000 IDOT-Bond 400,000
Grantee 0
400,000 NET PROJECT COST 400,000
B=IDOT regular bond; K=IDOT OGL Bond; G=IDOT GRF; H=IDOT Road Fund; L=Grantee.
ABR Systeml, BISTOGLini_pl XGIO, 06/30/00 at 10:23:51. By: Lenski.
EXHIBIT C
STATE OF tLLINOIB
DRUG FREE WORKPLACE CERTIFICATION
This certification is required by the Illinois Drug Free Workplace Act (30 ILCS 580/1 et seq.). The illinois Drug
Free Workplace Act requires that no grantee or contractor shall receive a grant or be considered for the
purposes of being awarded a contract for the procurement of any property or services from the State unless
that grantee or contractor has certified to the State that the grantee or contractor will provide a drug free
workplace. False certification or violation of the certification may result in sanctions including, but not limited
to, suspension of contract or grant payments, termination of the contract or grant and debarment of contracting
or grant opportunities with the State for at least one (1) year but not more than five (5) years.
For the purpose of this certification, "grantee" or "contractor" means a corporation, partnership, or other entity
with twenty-five (25) or more employees at the time of issuing the grant, or a department, division, or other unit
thereof, directly responsible for the specific performance under a contract or grant of $5,000 or more from the
State.
Grantee certifies and agrees that it will provide a drug free workplace by:
(a) Publishing a statement:
(1) Notifying employees that the unlawful manufacture~ distribution, dispensing, possession or use of
a controlled substance, including cannabis, is prohibited in the Grantee's workplace.
(2) Specifying the actions that will be taken against employees for violations of such prohibition.
(3) Notifying the employee that, as a condition of employment on such contract or grant, the
employee will:
(A) abide by the terms of the statement; and
(B) notify the employer of any criminal drug statute conviction for a violation occurring in the
workplace no later than five (5) days after such conviction·
(b)Establishing a drug free awareness program to inform employees about:
(1) the dangers of drug abuse in the workplace;
(2) the Grantee's policy of maintaining a drug free workplace;
(3) any available drug counseling, rehabilitation, and employee assistance pro.grams; and
(4) the penalties that may be imposed upon an employee for drug violations·
(c) Providing a copy of the statement required by subparagraph (a) to each employee engaged in the
performance of the grant and to post the statement in a prominent place in the workplace· _ ~ -'
(d) Notifying the Department within ten (10) days after receiving notice under part (B) of paragraph (3) of
subsection (a) above from an employee or otherwise receiving actual notice of such conviction.
Drug Free Certification 1
(e) Imposing a sanction on, or requiring the satisfactory participation in a drug abuse assistance or
rehabilitation program by, any employee who is so convicted, as required by Section 5 of the Drug Free
Workplace Act.
(f) Assisting employees in selecting a course of action in the event drug counseling, treatment, and
rehabilitation is required and indicating that a trained referral team is in place.
(g) Making a good faith effort to continue to maintain a drug free workplace through implementation of the
Drug Free Workplace Act.
THE UNDERSIGNED AFFIRMS, UNDER PENALTIES OF PERJURY, THAT HE OR SHE IS AUTHORIZED TO
EXECUTE THIS CERTIFICATION ON BEHALF OF THE DESIGNATED ORGANIZATION.
Signatu~ of A~t odze epres~ ire
rev:05.01.96.01
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Drug Free Certification 2
rantee: Village of Mount Prospect
Project No.: CAP-00-708-OGL
Contract No.: 3091
CERTIFICATE OF GRANTEE'S ATTORNEY
Village of Mount Prospect ("Grantee")f, do hc~reby certify that I have examined this
Agreement and the proceedings taken by the Grantee relating thereto, and that the
execution of the Agreement by the Grantee has been duly authorized by the
Grantee's action dated (a copy of which is attached) and
that the execution of this Agreement is in all respects due and proper and in
accordance with applicable State and local law and further that, in my opinion, said
Agreement constitutes a legal and binding obligation of the Grantee in accordance
with the terms thereof. I further certify that to the best of my knowledge there is no
legislation or litigation pending or threatened which might affect the performance of
the Project in accordance with the terms of this Agreement.
Dated this day of 2000
Gr~ant~.~ - . ! -
s:\sub\contract\muni\708atty.doc
Illinois Department of Transportation
Division of Public Transportation
310 South Michigan Avenue / 16th Floor/Chicago, Illinois / 60604-4205
June 30, 2000
Ms. Judy Connolly
Village Planner
Village of Mount ProspeCt
100 South Emerson Street
Mount Prospect, Illinois 60056
RE: CAP-00-708-OGL
Contract #3091
Dear Ms. Connolly:
Enclosed please find two copies of the Grant Agreement along with Budget No. 1
which, when executed, will enable the Village of Mount Prospect to seek payment
of costs associated with the reconstruction and reconfiguration of a commuter kiss
and ride area and rehabilitation of a masonry bus shelter. Please execute but do
not date this Agreement, and return all copies to this office with the following:
(a) Opinion of Counsel, (sample enclosed) that the Village of Mount
Prospect is an eligible applicant; that the Village of Mount Prospect has complied
fully with the pertinent requirements of state law, its charter, bylaws, and internal
procedures; that there is no pending litigation concerning the authority of the
Village of Mount Prospect to enter into the Agreement; and that this Agreement is
legally binding upon the Village of Mount Prospect;
(b) A certified copy of the resolution of the governing board of the Village
of Mount Prospect authorizing and approving the execution of this Agreement;
(c) State of Illinois Drug Free Workplace Act Certification executed by the
Village of Mount Prospect.
After'the executed copies of the Grant Agreement are returned to us, we will
secure Department execution and return one copy to you. Please do not incur any
costs or. enter into any third party agreements whose costs are reimbursable under
this grant until the Agreement has been executed by both parties.
If you have any questions, please contact Cyrell R. McLemore at 312-793-2257.
Sincerely,
Neil D. Ferrari
Bureau Chief
enski
smit\muni\70805230.doc