HomeMy WebLinkAboutRESOLUTION - 47-01 - 12/3/2001 - AGREEMENT/NORTHEASTERN IL PLAN. COMMNO. 47-01
A RESOLUTION AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE
AN AGREEMENT BETWEEN THE NORTHEASTERN ILLINOIS PLANNING COMMISSION
(NIPC) AND ELK GROVE VILLAGE FOR THE SALT CREEK STREAMBANK
STABILIZATION PROJECT
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Board of
Trustees of the Village of Elk Grove Village, Counties of Cook and
DuPage, State of Illinois as follows:
Section 1: That the Mayor be and is hereby authorized to sign
the attached documents marked:
AGREEMENT BETWEEN
1EASTERN ILLINOIS PLANNING COMMISSION
AND VILLAGE OF ELK GROVE VILLAGE
a copy of which is attached hereto and made a part hereof as if fully
set forth and the Village Clerk is authorized to attest said
documents upon the signature of the Mayor.
Section 2: That this Resolution shall be in full force and
effect from and after its passage and approval according to law.
VOTE: AYES: Trustees Feichter, Petri, Prochno, Czarnik, Dill
NAYS: None
ABSTAIN: Trustee Lissner
ABSENT: None
PASSED this 3rd day of December 2001.
APPROVED this 3rd day of December 2001.
Craig B. Johnson, Mayor
ATTEST:
Ann I. Walsh, Village Clerk
Reso602SaltCreekProject.doc
AGREEMENT
between
NORTHEASTERN ILLINOIS PLANNING COMMISSION
and
VILLAGE OF ELK GROVE VILLAGE
THIS AGREEMENT is entered into as of the 3rd day of December , 2001, by and
between the Northeastern Illinois Planning Commission (herein called the 'Planning Agency"), a
body politic and corporate created by the State of Illinois, and the Village of Elk Grove Village
(herein called the "Village").
WITNESSETH
WHEREAS, the Planning Agency desires to engage the Village to render certain services
hereafter described in connection with an undertaking financed in part by the Illinois Environmental
Protection Agency.
NOW, THEREFORE, the parties hereto do mutually agree as follows:
1. Employment of Village. The Planning Agency hereby agrees to engage the Village and
the Village hereby agrees to perform the services hereinafter set forth in the Scope of Work
presented in Attachment 1.
2. Funding Source. Neither The Illinois Environmental Protection Agency nor any of its
departments, agencies or employees are a party to this Agreement.
3. Area Covered. The Village shall perform all the necessary services provided under this
Agreement in connection with and respecting the following area or areas, herein called the
"planning area:" Salt Creek Watershed in the Village of Elk Grove Village in the State of Illinois.
4. Scope of Work. The Village shall do, perform and carry out in a satisfactory and proper
manner, as determined by the Planning Agency, the tasks identified in the attached Scope of Work
in Attachment 1.
5. Time of Performance. The services of the Village are to commence as soon as
practicable after the execution of this Agreement and shall be undertaken and completed in such
sequence as to assure their expeditious completion in light of the purposes of this Agreement and
as stipulated in the Scope of Work. In any event all of the services required hereunder shall be
completed by March 31, 2004
6. Compensation.
a. The Planning Agency agrees to reimburse the Village according to the payment
schedule in Attachment 1.
b. It is expressly agreed and understood that in no event will the total compensation
and reimbursement, if any, to be paid hereunder by the Planning Agency to the Village exceed the
maximum sum of $600,898 for all of the services required and costs incurred.
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7. Allowable Charges.
a. No expenditures or charges shall be included in the cost of the Project and no part
of the money paid to the Village shall be used by the Village for expenditures or charges that are
(1) contrary to the provisions of this Agreement or the latest budget approved by duly -authorized
official of the Planning Agency, (2) not directly for the carrying out of the Project, (3) of a regular
and continuing nature, or (4) incurred without the consent of the Planning Agency after written
notice of the suspension or termination of any or all of the Planning Agency's obligations under this
Agreement.
b. All costs charged to the Project account shall be supported by properly -executed
time records, payrolls, contracts, purchase orders, invoices and vouchers evidencing in proper
detail the nature and propriety of the charges. All accounting records shall readily provide a
breakdown of activity costs in accordance with the line items shown on the latest approved budget.
Such records, together with supporting documents, shall be maintained in accordance with
paragraph 9 of this Agreement.
8. Reports and Method of Payment.
a. The Village will submit progress reports, which may be accompanied by invoices for
costs and expenses incurred. Progress reports will briefly state accomplishments, problems
encountered and anticipated problem solutions.
b. Invoices may be submitted no more frequently than monthly. Invoices will include
supporting documents for costs and expenses billed.
c. Subject to the conditions of this Agreement, the Planning Agency will honor
requisitions in amounts deemed by it to be proper to insure the carrying out of the approved work
program, and shall be obligated to pay the Village such amounts as may be approved by the
Planning Agency and paid by the Illinois Environmental Protection Agency to the Planning Agency,
promptly after the Planning Agency's receipt of such amounts. If an invoice is not acceptable, the
Planning Agency shall promptly provide the Village a clear written statement regarding its
ineligibility or deficiencies to be eliminated prior to its acceptance and processing. In addition, the
Planning Agency may elect by notice in writing not to make a payment of funds for any of the
reasons listed in paragraphs 11 and 12 of this Agreement relative to suspension or termination.
9. Audit and Access to Records.
a. The Village shall, on an annual basis for the duration of this agreement, conduct an
independent audit of its operations in accordance with Circular OMB A-133 and shall submit a copy
of such audit to NIPC within 90 days of the completion of the audit.
b. The Village and its subcontractors under this Agreement shall preserve and produce
upon request of the authorized representatives of the Planning Agency all data, records, reports,
correspondence and memoranda of every description of the Village and its subcontractors, if any,
under this Agreement relating to carrying out this Agreement for the purposes of an audit,
inspection or work review for a period of three (3) years after completion of the Project, except that:
(1) If any litigation, claim or audit is started before the expiration of the three-year
period, the records shall be retained until all litigation, claims or audit findings involving the records
have been resolved.
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(2) Records for nonexpendable property acquired with federal funds shall be
retained for three years after its final disposition.
c. The Village shall include in all subcontracts, if any, under this Agreement a provision
that the Planning Agency will have full access to and the right to examine any pertinent books,
documents, papers and records of any such subcontractor involving transactions related to the
subcontract for three (3) years from the final payment under the subcontract. The term "subcon-
tract" as used in this clause excludes purchase orders not exceeding $2500.
10. Amendments. This Agreement constitutes the entire agreement between the parties
hereto. Any change proposed by either party to this Agreement shall be submitted to the other
party for its prior approval. No modification, addition, deletion, etc., to this Agreement shall be
effective unless and until such changes are reduced to writing and executed by the authorized
representatives of both parties.
11. Suspension. If the Village fails to comply with the special conditions and/or the general
terms and conditions of this Agreement, the Planning Agency may, after notice to the Village,
suspend the Agreement and withhold further payments or prohibit the Village from incurring
additional obligations of funds pending corrective action by the Village. If corrective action has not
been completed within sixty (60) calendar days, the Planning Agency shall notify the Village in
writing that the Agreement has been terminated by reason of default in accordance with Paragraph
11 hereof. The Planning Agency may determine to allow such necessary and proper costs which
the Village could not reasonably avoid during the period of suspension provided such costs meet
the provisions of the U.S. Office of Management and Budget Circular A-87 in effect on the date first
above written.
12. Termination.
a. This Agreement may be terminated in whole or in part in writing by either party in
the event of substantial failure (hereinafter termed "termination by default") by the other party to
fulfill its obligations under this Agreement through no fault of the terminating party, provided that
no such termination may be effected unless the other party is given (1) not less than seven (7)
calendar days written notice (delivered by certified mail, return receipt requested), of intent to
terminate, and (2) an opportunity for consultation with the terminating party prior to termination.
b. This Agreement may be terminated in whole or in part in writing by the Planning
Agency for its convenience, provided that the Village is given not less than seven (7) calendar days
written notice (delivered by certified mail, return receipt requested) of intent to terminate.
c. If termination for default is effected by the Planning Agency, an equitable adjustment
in the price provided for in this Agreement shall be made, but (1) no amount shall be allowed for
anticipated profit on unperformed services or other work, and (2) any payment due to the Village
at the time of termination may be adjusted to the extent of any additional costs occasioned to the
Planning Agency by reason of the Village's default. If termination for default is effected by the
Village, or if termination for convenience is effected by the Planning Agency, the equitable
adjustment shall include a reasonable profit for services or other work performed. The equitable
adjustment for any termination shall provide for payment to the Village for services rendered and
expenses incurred prior to the termination, in addition to termination settlement costs reasonably
incurred by the Village relating to commitments which had become firm prior to the termination.
d. Upon notice of a termination action pursuant to paragraphs a or b of this clause, the
Village shall (1) promptly discontinue all services affected (unless the notice directs otherwise), and
(2) deliver or otherwise make available to the Planning Agency all data, drawings, specifications,
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reports, estimates, summaries and such other information and materials as may have been
accumulated by the Village in performing this Agreement, whether completed or in process.
e. Upon termination pursuant to paragraphs a or b of this clause, the Planning Agency
may take over the work and prosecute the same to completion by agreement with another party
or otherwise.
f. In the event the Village must terminate this Agreement due to circumstances
beyond its control, the termination shall be deemed to have been effected for the convenience of
the Planning Agency. In such event, adjustment of the price provided for in this Agreement shall
be made as provided in paragraph c of this clause.
13. Indemnity. The Recipient hereby agrees to indemnify and hold the Planning Agency
harmless from any and all liability, claims, attorney's fees or costs of any kind or type whatsoever,
including but not limited to, attorney's fees, damages and interest, arising out of or claimed to arise
out of this Agreement. The Recipient shall maintain liability insurance in an amount not less than
$600,898 naming the Planning Agency as an additional insured.
14. Remedies. Except as may be otherwise provided in this Agreement, all claims, counter-
claims, disputes and other matters in question between the Planning Agency and the Village arising
out of or relating to this Agreement or the breach thereof will be decided by arbitration, if the parties
hereto mutually agree, or in a court of competent jurisdiction within the State of Illinois.
15. Illinois Environmental Protection Agency Requirements. The Village agrees to comply
with all appropriate conditions and provisions set forth in the Agreement between the Illinois
Environmental Protection Agency and the Northeastern Illinois Planning Commission which is
attached to this Agreement in Attachment 2 and made a part thereof.
16. Equal Employment Opportunity. The Village warrants and represents that it will comply
with Executive Order 11246, entitled "Equal Employment Opportunity," as amended by U.S.
Department of Labor regulations (41 CFR Part 60). In connection with execution of this
Agreement, the Village shall not discriminate against any employee or applicant for employment
because of race, religion, color, sex, national origin, ancestry, or physical or mental handicap
unrelated to ability. The Village shall take affirmative actions to insure that applicants are
employed, and that employees are treated during their employment, without regard to their race,
religion, color, sex, national origin, ancestry, or physical or mental handicap unrelated to ability.
Such actions shall include, but not be limited to, employment, promotion, demotion, transfer,
recruitment, recruitment advertising, layoff, termination, rates of pay, other forms of compensation,
and selection for training or apprenticeship. The Village shall cause the provisions of this
paragraph to be inserted in all subcontracts for work covered by this Agreement so that such
provisions will be binding upon each subcontractor, provided that such provisions shall not apply
to contracts or subcontracts for standard commercial supplies or raw materials.
17. Political Activity. No portion of federal program funds shall be used for any partisan
political activity or to further the election or defeat of any candidate for public office. All employees
of the Village shall observe the limitations on political activities to which they may be subject under
the Hatch Act (5 USC 1501 et seg; 18 USC 595).
18. Prohibited Interest.
a. No officer or employee of the Planning Agency and no member of its governing
body and no other public official of any locality in which the Project objectives will be carried out
who exercises any functions or responsibilities in the review or approval of the undertaking or
carrying out of such objectives shall (1) participate in any decision relating to any subcontract
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negotiated under this Agreement which affects his personal interest or the interest of any
corporation, partnership or association in which he is, directly or indirectly, interested or (2) have
any financial interest, direct or indirect, in such subcontract or in the work to be performed under
such subcontract.
b. No member of or delegate to the Illinois General Assembly or the Congress of the
United States of America, and no federal Resident Commissioner, shall be admitted to any share
hereof or to any benefit arising herefrom.
c. The Village warrants and represents that no person or selling agency has been
employed or retained to solicit or secure this Agreement upon an agreement or understanding for
a commission, percentage, bonus, brokerage or contingent fee, or gratuity, excepting its bona fide
employees. For breach or violation of this warranty the Planning Agency shall have the right to
annul this Agreement without liability or, at its discretion, to deduct from the Agreement price or
consideration, or otherwise recover, the full amount of such commission, percentage, bonus,
brokerage or contingent fee, or gratuity.
19. Small. Women and Minority Business Enterprise. In connection with the performance
of this Agreement, the Village will cooperate with the Planning Agency in meeting its commitments
and goals with respect to the maximum utilization of small, women and minority business
enterprises, and will use its best efforts to insure that small, women and minority business
enterprises shall have the maximum practicable opportunity to compete for subcontract work under
this Agreement.
20. Assignment.
a. This Agreement shall be binding upon, and inure to the benefit of, the respective
successors, assigns, heirs and personal representatives of the Planning Agency and the Village.
Any successor to the Village's rights under this Agreement must be approved by the Planning
Agency unless the transaction is specifically authorized under federal law. Any successor will be
required to accede to all of the terms, conditions and requirements of this Agreement as a condition
precedent to such succession.
b. The Village shall not assign any interest in this Agreement and shall not transfer any
interest in same (whether by assignment or novation), without the prior written consent of the
Planning agency thereto, provided, however, that claims for money due or to become due to the
Village from the Planning Agency under this Agreement may be assigned to a bank, trust company
or other financial institution without such approval. Notice of any such assignment or transfer shall
be furnished promptly to the Planning Agency.
21. Subcontracts.
a. Any subcontractors or outside associates or consultants required by the Village in
connection with the services covered by this Agreement will be limited to such individuals or firms
as were specifically identified and agreed to during negotiations. Any substitutions in or additions
to such subcontractors, associates or consultants will be subject to the prior approval of the
Planning Agency.
b. All subcontracts for work under this Agreement shall contain those applicable
provisions which are required in this Agreement.
c. The Village may not subcontract services agreed to under this Agreement without
prior written approval of the Planning Agency.
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22. Publication. No material produced in whole or in part under this Agreement shall be
subject to copyright in the United States of America or in any other country. The Planning Agency
and the grantor agency shall have royalty -free, non-exclusive and irrevocable license to reproduce,
publish, disclose, distribute and otherwise use, in whole or in part, any reports, data or other
materials prepared under this Agreement, and to authorize others to do so. The Village shall
include provisions appropriate to effectuate the purpose of this clause in all subcontracts for work
under this Agreement.
23, Personnel. The Village will not employ any person or persons currently employed by the
Planning Agency for any work required by the terms of this Agreement without the permission of
the Planning Agency.
IN WITNESS WHEREOF, the Planning Agency and the Village have executed this Agreement
as of the date first above written.
VILLAGE OF ELK GROVE VILLAGE
Attest: By: Craig B. Johnson
Direc r o En ne i a d Mayor
Co u ty Dev o en
NORTHEASTERN ILLINOIS PLANNING COMMISSION
Attest: By:
Deputy Director Executive Director
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ATTACHMENT 1 - SCOPE OF WORK
SALT CREEK STREAMBANK STABILIZATION — ELK GROVE VILLAGE
Background and Project Description
This project will improve water quality in Salt Creek by addressing streambank erosion and non -
point source pollution. For streambank stabilization along a reach between Arlington Heights
Road and John F. Kennedy Boulevard in Elk Grove Village, a hierarchy of decisions that uses
bioengineering solutions first, followed by structural solutions, as required, will be used to
determine appropriate solutions at specific locations. Solutions include combinations of
techniques to satisfy unique site-specific requirements such as lunker structures, coir fiber rolls,
A -Jacks, vegetated geogrids, erosion control blankets, and native plantings. Tree removal is
essential to the success of any of these techniques. Riparian habitat will be enhanced throughout
the project reach by utilizing appropriate plantings and other methods. Since the project reach
includes significant areas in public ownership, there is greater opportunity for notable
improvements to the riparian environment.
The Village also plans to educate the public about water quality impacts of new development,
non -point source pollution in existing development, managing pollution from households,
landscaping with native plants, and protecting areas that provide important water quality benefits.
This will be accomplished via annual workshops and newsletters.
Scone of Work
A grant has been awarded to NIPC by the Illinois EPA (funded under Section 319 of the Clean
Water Act) to provide financial and technical assistance to the Village to perform the following
scope of work. NIPC's role will be that of technical assistant to the Village during the design,
construction, and management stages of the project as well as contract manager. The amount of
the grant to the Village is $600,898 and the required local cost share in expenses and in-kind
services by the Village is $400,599. Grant payments will be made according to the Payment
Schedule provided at the end of this document.
1. Design Specifications - The Village shall prepare design specifications (Design) for the
stabilization of 6,100 feet of eroding streambanks along a 3,050 foot segment of Salt Creek
located between Arlington Heights Road and John F. Kennedy Boulevard in Elk Grove
Village, Illinois. The Design shall be prepared to arrest streambank erosion and reduce
nonpoint source pollution through the installation of environmentally sound practices while
protecting or enhancing habitat, ameliorating damage from peak flows, reducing velocity of
peak flows, and enhancing aesthetic qualities. The Design shall identify the type and location
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of selected streambank stabilization practices (i.e., A -jacks, coir fiber rolls, lunkers, selective
tree removal, native vegetation planting, erosion control blankets, and vegetated geogrids),
describe the environmental problems associated with the sites and the criteria used to select
each practice, and provide a detailed blueprint for their cost, advantages and disadvantages,
location, design, maintenance, installation and construction, and materials used including
plant species. The Design also shall include an estimate of pollutant removal efficiency
calculated using the Illinois EPA's Estimating Pollutant Load Reductions for Nonpoint
Source Pollution Control BMPs workbook. The Design shall meet the requirements of the
current Natural Resources Conservation Service (MRCS) Technical Guide and Engineering
Field Manual, Illinois Urban Manual, and the Native Plant Guide for Streams and
Stormwater Facilities in Northeastern Illinois. Three (3) paper copies of the draft Design and
"BMP Application Forms" shall be completed and submitted by the Village to NIPC by May
1, 2002. Three (3) paper copies and one (1) electronic copy of the final Design and "BMP
Application Form" shall be completed and submitted by the Village to NIPC by July 1, 2002.
2. Permits & Landowners Agreements - The Village shall secure all necessary permits prior to
the implementation of the Design developed under Item 1 of this Agreement. The Village
shall enter into appropriate legally binding arrangements with participating landowners to
ensure that the BMPs are maintained as designed and that the operation and maintenance
procedures are implemented for at least ten (10) years from the implementation of the BMPs.
The Village shall submit two (2) copies of a draft of the arrangement with the draft Design to
NIPC by July 1, 2002. The Village shall submit two (2) copies of the executed arrangement
with the final Design to NIPC by September 1, 2002.
3. Design Implementation - The Village shall implement the Design developed under Item 1 of
this Agreement. The Village shall complete the installation and construction of the
streambank stabilization practices by August 1, 2003. Photographic slides and prints
documenting Design implementation shall be completed and submitted by the Village to
NIPC by September 1, 2003.
4. Workshops & Newsletters — The Village shall hold an annual public meeting to educate area
landowners and other members of the public about the streambank stabilization project,
practices, and maintenance. A schedule and agenda for each meeting shall be completed and
submitted by the Village to NIPC at least thirty days prior to the event being held. The
Village shall complete all meetings and tours by November 1, 2003. The Village shall
prepare and distribute a biannual newsletter for affected property owners that explains the
streambank stabilization project and the maintenance requirements of the landowners for the
vegetation and other practices. A draft of all newsletters shall be submitted by the Village a
minimum of 15 working days prior to publication or distribution to NIPC and the Illinois
EPA for review.
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5. Signage - The Village shall design and erect a sign that acknowledges the participating
agencies and identifies Section 319 of the Clean Water Act as the funding source of this
project. Sign design must be approved by, and consistent with the specifications of the
Illinois EPA before their installation at any site. Designs for all signs shall be completed and
submitted by the Village to NIPC by July 1, 2002. The Village shall erect the signs approved
by the Illinois EPA before the installation of the BMP(s) at its particular site. The signs shall
remain in place throughout the installation of the BMP(s) and for a period thereafter as
mutually agreed upon by the Village and NIPC. The Village shall complete the installation
of all signs approved by the Illinois EPA by September 1, 2003.
Operation and Maintenance Plan - The Village shall develop Operation and Maintenance
Plans (O & M Plan) for the BMPs implemented under this Agreement to ensure their long-
term viability (at least ten years). The O & M Plans shall identify regular inspection needs
and appropriate management activities such as sediment and debris removal, replacement of
vegetation and hardware, chemical treatment, etc. The O & M Plans shall identify both
coordinating (i.e., local governments) and participating (i.e., citizen groups, landowners)
parties to carry out inspection and management needs and the financial resources necessary
for implementation of the O & M Plan. Two (2) copies of a draft O & M Plan shall be
completed and submitted by the Village to NIPC by August 1, 2003. Two (2) copies of the
final O & M Plan shall be completed and submitted by the Village to NIPC by October 1,
2003.
Project Documentation - This project will be documented in a combined report, prepared by
NIPC, for the four projects funded jointly by Illinois EPA under this grant. The Village shall
prepare a report explaining the execution of the project (i.e., pre- and post- conditions, type
and location of practices, practice design, methods of practice installation) and evaluating the
project's success, including but not limited to improvements in water quality, habitat, and
bank stabilization. The report shall document the project tasks and summarize the findings of
the project, including a discussion of the effectiveness of any educational components and the
cost-effectiveness of selected practices in relationship to alternative management strategies.
The Village also will document costs, labor, activities performed by the Village, problems
encountered, and lessons learned. Before, during, and after photographs also will be
provided. Two (2) paper copies and one (1) electronic copy of a draft report shall be
submitted to NIPC by January 1, 2004. Two (2) paper copies and one (1) electronic copy of
a final report shall be submitted to NIPC by March 1, 2004.
All products produced and all work performed by the Village under this Agreement shall be
subject to review and approval by NIPC and the Illinois EPA to determine eligibility and
acceptability in meeting the terms and intent of this Agreement. Successful completion will
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be measured according to performance criteria developed by NIPC and the Village prior to
construction.
9. Progress Reporting — A brief progress report shall be submitted quarterly by the first of July,
October, January, and April occurring during the agreement period. The report shall include
a statement of the status of tasks one through eight and a summary of inspection and
maintenance activities that have occurred.
10. Equipment - Upon request by NIPC or the Illinois EPA, the Village shall relinquish all
equipment acquired under this Agreement to NIPC or the Illinois EPA upon conclusion of
this Agreement.
11. The Village, NIPC, and the Illinois EPA retain the right to cite, quote, circulate, and reprint
all documents and other materials produced under this Agreement. The Village will include
in any publications for external general circulation (including brochures, newsletters, and
presentations materials) the following phrase: "Funding for this project provided, in part, by
the Illinois Environmental Protection Agency through Section 319 of the Clean Water Act."
Project Schedule
Description
Completion Date
1.
Design Specifications
Draft Design
May 1, 2002
Final Design
July 1, 2002
2.
Permits and Landowner Agreement
Draft Arrangement
July 1, 2002
Executed Arrangement
September 1, 2002
3.
Design Implementation
Complete Installation and Construction
August 1, 2003
Photographic Documentation
September 1, 2003
4.
Signage
Sign Design
July 1, 2002
Sign Installation
September 1, 2003 (or
before BMP installation,
whichever is first)
5.
Operation and Maintenance Program
Draft O&M Plan
August 1, 2003
Final O&M Plan
October 1, 2003
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Draft Project Report
Final Project Report
Progress Reports
Payment Schedule
January 1, 2004
March 1, 2004
April 1, 2002
July 1, 2002
October 1, 2002
January 1, 2003
April 1, 2003
July 1, 2003
October 1, 2003
Payment #
Payment Amount
Milestone*
1
$60,000
Completion of design report and
construction groundbreaking
2
$200,000
50% completion of construction
3
$226,000
Completion of construction
4
$10,000
Workshop conducted 2002
5
$10,000
Workshop conducted 2003
6
$1,000
Newsletter sent - Spring 2002
7
$1,000
Newsletter sent - Fall 2002
8
$1,000
Newsletter sent - Spring 2003
9
$1,000
Newsletter sent - Fall 2003
10
$60,000
End of first successful growing season
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$30,898
Completion of project report
Total
$600,898
* Payment shall be made upon determination the milestone has been successfully completed.
** Total payment amount shall not exceed 60% of project costs as documented in quarterly
progress reports - local cost share of $400,599 required to receive grant amount of $600,898
(total project budget equals $1,001,497.)
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Financial Assistance Agreement
State of Illinois
Illinois Environmental Protection Agency
Bureau of Water
AGREEMENT PERIOD:
The period of performance covered by this agreement shall be from January 1. 2002 through
March 31, 2004. No services will be paid which are performed prior to or subsequent to this
performance period.
Assistance Amount $921.435.00
Agreement Type 319 Agreement Number 3190114
Recipient Northeastern Illinois Planning Commission
Address 222 South Riverside Plaza, Suite 1800 Telephone (312) 454-0400
Chicago. Illinois 60606-6097 FAX (312) 454-0411
Project Description/Scope of Work
SALT CREEK TMDL IMPLEMENTATION PLAN EXECUTION - PHASE 1
Under this Agreement, the Recipient shall complete the following tasks.
PROJECT COORDINATION, TECHNICAL ASSISTANCE & OUTREACH
Serving as the central lead agency, the Recipient shall direct and review the individual
nonpoint source pollution control projects proposed under this Agreement for consistency
with the goals of the Salt Creek Total Maximum Daily Load (TMDL) Implementation Plan
and the Illinois Nonpoint Source Management Program report as well as the goals of the
Salt Creek Watershed Network. The Recipient shall provide financial and technical
assistance to the Elk Grove Village, Village of Itasca, Save the Prairie Society, Village of
Brookfield and other project participants during design and implementation of the various
best management practices (BMPs) proposed under this Agreement for nonpoint source
pollution control.
2. The Recipient shall conduct education and outreach efforts to inform the Salt Creek
watershed community about the Salt Creek TMDL and nonpoint source pollution, and to
encourage local governments, developers, and land owners to seek technical assistance
for best development and management practices. Education and outreach on the Salt
Creek TMDL will only begin after Illinois EPA releases the draft Salt Creek TMDL. The
Recipient shall develop an Education Work Strategy (EWS) which identifies the specific
outreach activities to be carried out to promote technical assistance and educate these
groups on the various forms of nonpoint source pollution, their impacts on the environment,
methods for reducing nonpoint source pollution, the importance of water quality protection,
and watersheds principles. The EWS shall include a proposed schedule, description, and
page I of 10
('901
Agreement No. 3190114
budget for all educational activities to be completed under this Agreement. Two (2) copies
of the draft EWS shall be completed and submitted by the Recipient to the Illinois EPA by
either May 1, 2002 or three months after the release by the Illinois EPA of the draft Salt
Creek TMDL, whichever is later. Two (2) paper copies and one (1) electronic copy of the
final EWS shall be completed and submitted by the Recipient to the Illinois EPA by either
June 1, 2002 or four months after the release by the Illinois EPA of the draft Salt Creek
TMDL, whichever is later. The Recipient shall submit a final agenda for meetings, tours,
and other special events to the Illinois EPA at least ohe month prior to the execution of said
event. A draft of all educational materials developed under this Agreement and in
accordance with the EWS shall be completed and submitted to the Illinois EPA for approval
before distribution.
SALT CREEK STREAMBANK STABILIZATION — ELK GROVE VILLAGE
3. Design Specifications - The Recipient shall prepare design specifications (Design) for the
stabilization of 6,100 feet of eroding streambanks along a 3,050 foot segment of Salt Creek
located between Arlington Hights Road and John F. Kennedy Boulevard in Elk Grove
Village, Illinois. The Design shall be prepared to arrest streambank erosion and reduce
nonpoint source pollution through the installation of environmentally sound practices while
protecting or enhancing habitat, ameliorating damage from peak flows, reducing velocity of
peak flows, and enhancing aesthetic qualities. The Design shall identify the type and
location of selected streambank stabilization practices (i.e., A jacks, coir fiber rolls, lunkers,
selective tree removal, native vegetation planting, erosion control blankets, and vegetated
geogrids), describe the environmental problems associated with the sites and the criteria
used to select each practice, and provide a detailed blueprint for their cost, advantages and
disadvantages, location, design, maintenance, installation and construction, and materials
used including plant species. The Design shall also include an estimate of pollutant
removal efficiency calculated using the Illinois EPA's Estimating Pollutant Load Reductions
for Nonpoint Source Pollution Control BMPs workbook. The Design shall meet the
requirements of the current Natural Resources Conservation Service (NRCS) Technical
Guide and Engineering Field Manual, Illinois Urban Manual, and the Native Plant Guide for
Streams and Stormwater Facilities in Northeastern Illinois. Two (2) copies of the draft
Design and "BMP Application Forms" shall be completed and submitted by the Recipient to
the Illinois EPA by June 1, 2002. Two (2) paper copies and one (1) electronic copy of the
final Design and "BMP Application Forms" shall be completed and submitted by the
Recipient to the Illinois EPA by August 1, 2002.
4. Permits & Landowners Agreements - The Recipient shall secure all necessary permits prior
to the implementation of the Design developed under Item 3 of this Agreement. The
Recipient shall enter into appropriate legally binding arrangements with participating
landowners to ensure that the BMPs are maintained as designed and that the operation
and maintenance procedures are implemented for at least ten (10) years from the
implementation of the BMPs. The Recipient shall submit a draft of the arrangement to the
Illinois EPA by August 1, 2002. The Recipient shall submit a copy of the executed
arrangement to the Illinois EPA by October 1, 2002.
5. Design Implementation - The Recipient shall implement the Design developed under Item 3
of this Agreement. The Recipient shall complete the installation and construction of the
streambank stabilization practices by September 1, 2003. Photographic slides and prints
documenting Design implementation shall be completed and submitted by the Recipient to
the Illinois EPA by October 1. 2003.
page 2 of 10
09101
Agreement No. 3190114
6. Workshops & Newsletters — The Recipient shall hold an annual public meeting to educate
area landowners and other members of the public about the streambank stabilization
project, practices, and maintenance. A schedule and agenda for each meeting shall be
completed and submitted by the Recipient to the Illinois EPA at least thirty days prior to the
event being held. The Recipient shall complete all meetings and tours by November 1,
2003. The Recipient shall prepare and distribute a biannual newsletters for affected
property owners that explains the streambank stabilization project and the maintenance
requirements of the landowners for the vegetation and other practices. A draft of all
newsletters shall be submitted by the Recipient a minimum of 10 working days prior to
publication or distribution to the Illinois EPA for review.
SPRING BROOK CREEK DAYLIGHTING AND STABILIZATION
7. Design Specifications - The Recipient shall prepare design specifications (Design) for the
following BMPs:
The implementation of bioengineering streambank stabilization techniques (i.e., rip
rap toe protection, soil encapsulated lifts, and native vegetation) to be applied along
an approximately 150 foot section of Spring Brook Creek, a tributary of Salt Creek,
located at the Spring Brook Nature Center in Itasca, Illinois. These practices shall
be designed to stabilize eroding streambanks and establish a riparian buffer of
native vegetation to filter stormwater runoff entering the creek.
b. The implementation of streambank stabilization techniques (i.e., re -grading,
selective tree removal and thinning for increased light penetration; clearing invasive
and exotic plant species; planting deep-rooted native forbs, grasses, sedges and
trees; installing erosion control blankets) to be applied along an approximately 1,350
foot section of Spring Brook Creek, a tributary of Salt Creek, located at the Spring
Brook Nature Center in Itasca, Illinois. These practices shall be designed to stabilize
eroding streambanks and establish a vegetative riparian buffer to filter stormwater
runoff entering the creek.
C. The installation of loose stone weirs (riffles) in four locations within Spring Brook
Creek, a tributary of Salt Creek, located at the Spring Brook Nature Center in Itasca,
Illinois. These practices shall be designed to reduce channel incision (erosion of the
streambed), enhance habitat, improve stream stability, and increase water aration.
d. The repair and stabilization of a storm water outfall discharging to Spring Brook
Creek, a tributary of Salt Creek, located at Catalpa Avenue in Itasca, Illinois. Broken
sections of storm sewer pipe will be removed and a new flared -end section installed.
Concrete blocks and erosion control blankets will be installed around the flared -end
section. The blocks will be designed with holes to allow planting to collect silt and
trap pollutants. Rock will be placed at the outfall to dissipate the erosive force of
water. A small wetland will also be established with native wetland plants at the
outfall to control erosion and filter storm water before it discharges to Spring Brook
Creek.
The Design
shall identify the
type and location of
selected BMPs,
describe the
environmental
problems associated
with the sites and
the criteria used
to select each
practice, and
provide a detailed
blueprint for their cost,
advantages and
disadvantages,
page 3 of 10
09101
Agreement No. 3190114
location, design, maintenance, installation and construction, and materials used including
plant species. The Design shall also include an estimate of pollutant removal efficiency
calculated using the Illinois EPA's Estimating Pollutant Load Reductions for Nonpoint
Source Pollution Control BMPs workbook. The Design shall meet the requirements of the
current Natural Resources Conservation Service (NRCS) Technical Guide and Engineering
Field Manual, Illinois Urban Manual, and the Native Plant Guide for Streams and
Stormwater Facilities in Northeastern Illinois. Two (2) copies of the draft Design and "BMP
Application Forms" shall be completed and submitted by the Recipient to the Illinois EPA by
June 1, 2002. Two (2) paper copies and one (1) electronic copy of the final Design and
"BMP Application Forms" shall be completed and submitted by the Recipient to the Illinois
EPA by August 1, 2002.
8. Permits & Landowners Agreements - The Recipient shall secure all necessary permits prior
to the implementation of the Design developed under Item 7 of this Agreement. The
Recipient shall enter into appropriate legally binding arrangements with participating
landowners to ensure that the BMPs are maintained as designed and that the operation
and maintenance procedures are implemented for at least ten (10) years from the
implementation of the BMPs. The Recipient shall submit a draft of the arrangement to the
Illinois EPA by August 1, 2002. The Recipient shall submit a copy of the executed
arrangement to the Illinois EPA by October 1, 2002.
9. Design Implementation - The Recipient shall implement the Design developed under Item 7
of this Agreement. The Recipient shall complete the installation and construction of the
BMPs by September 1, 2003. Photographic slides and prints documenting Design
implementation shall be completed and submitted by the Recipient to the Illinois EPA by
October 1, 2003.
SALT CREEK HEADWATER RECOVERY PROJECT
10. Design Specifications - The Recipient shall prepare design specifications (Design) for the
following BMPs:
The implementation of streambank restoration techniques (i.e., selective tree removal
for increased light penetration; clearing invasive and controlling exotic plant species by
cutting and herbiciding; planting native forbs, grasses, and sedges) to be applied along
an approximately 1,900 foot section of the Middle Fork of Salt Creek located in the
southeast Y4 of Section 30, Township 38 North, Range 12 East of the 3'd P.M. in
Westchester, Illinois. These practices shall be designed to stabilize eroding
streambanks and establish a vegetative riparian buffer to filter stormwater runoff
entering the creek.
The implementation of wetland restoration techniques (i.e., selective tree removal for
increased light penetration; clearing invasive and controlling exotic plant species by
cutting and herbiciding; planting native forbs, grasses, and sedges) to be applied within
the Harrier Marsh, an approximately 35 acre site located in the southeast '/4 of Section
30, Township 38 North, Range 12 East of the 3rd P.M. in Westchester, Illinois. These
practices shall be designed to reduce erosion, enhance infiltration, reduce runoff volume
and velocity, improve water quality, and enhance aquatic habitat.
c, The implementation of upper buffer restoration techniques (i.e., establish propagation
beds of native plant species) within a 2 acre site upstream of the Harrier Marsh and
page 4 of 10
avoi
Agreement No. 3190114
located in the southeast % of Section 30, Township 38 North, Range 12 East of the 3r°
P.M. in Westchester, Illinois. These practices shall be designed to reduce erosion,
enhance infiltration, reduce runoff volume and velocity, improve water quality by filtering
sediments and other pollutants from runoff.
The Design shall identify the type and location of selected BMPs, describe the
environmental problems associated with the sites and the criteria used to select each
practice, and provide a detailed blueprint for their cost, advantages and disadvantages,
location, design, maintenance, installation and construction, and materials used including
plant species. The Design shall also include an estimate of pollutant removal efficiency
calculated using the Illinois EPA's Estimating Pollutant Load Reductions for Nonpoint
Source Pollution Control BMPs workbook. The Design shall meet the requirements of the
current Natural Resources Conservation Service (NRCS) Technical Guide and Engineering
Field Manual, Illinois Urban Manual, and the Native Plant Guide for Streams and
Stormwater Facilities in Northeastern Illinois. Two (2) copies of the draft Design and "BMP
Application Forms" shall be completed and submitted by the Recipient to the Illinois EPA by
June 1, 2002. Two (2) paper copies and one (1) electronic copy of the final Design and
"BMP Application Forms" shall be completed and submitted by the Recipient to the Illinois
EPA by August 1, 2002.
11. Permits & Landowners Agreements - The Recipient shall secure all necessary permits prior
to the implementation of the Design developed under Item 10 of this Agreement. The
Recipient shall enter into appropriate legally binding arrangements with participating
landowners to ensure that the BMPs are maintained as designed and that the operation
and maintenance procedures are implemented for at least ten (10) years from the
implementation of the BMPs. The Recipient shall submit a draft of the arrangement to the
Illinois EPA by August 1, 2002. The Recipient shall submit a copy of the executed
arrangement to the Illinois EPA by October 1, 2002.
12. Design Implementation - The Recipient shall implement the Design developed under Item
10 of this Agreement. The Recipient shall complete the installation and construction of the
BMPs by September 1, 2003. Photographic slides and prints documenting Design
implementation shall be completed and submitted by the Recipient to the Illinois EPA by
October 1, 2003.
13. Brochure & Webpage - The Recipient shall develop and publish a brochure and a webpage
to educate the public about the Salt Creek Headwaters Recovery. The brochure and
webpage shall also present information on the various forms of nonpoint source pollution,
their impacts on the environment, methods for reducing nonpoint source pollution, the
importance of water quality protection, and watersheds principles. The brochure and
webpage shall also acknowledge the participating agencies and identify Section 319 of the
Clean Water Act as the funding source of this project. A plan for the brochure and
webpage identifying the proposed layout, narrative, and graphics shall be completed and
submitted by the Recipient to the Illinois EPA by September 1, 2003. The Recipient shall
build and post the webpage on the internet by January 1, 2004. The Recipient shall
publish and distribute the brochure by January 1, 2004.
PARKING LOT RUNOFF POLLUTION PREVENTION
14. Design Specifications - The Recipient shall prepare design specifications (Design) for the
construction of a vegetated swale (bio -filter or bio -retention) and a manufactured treatment
page 5 of 10
09,01
Agreement No. 3190114
system (oil and grit separators) in Brookfield, Illinois to receive and treat runoff from the
municipal parking lot and the roof of the Village Hall before it discharges to Salt Creek.
These practices shall be designed to filter runoff so as to remove suspended sediment,
heavy metals, oil and grease, nutrients, and volatile organic compounds. The bio -retention
swale shall also be designed to reduce runoff volume and velocity while providing other
beneficial hydrologic functions. The Design shall identify the type and location of selected
BMPs, describe the environmental problems associated with the sites and the criteria used
to select each practice, and provide a detailed blueprint for their cost, advantages and
disadvantages, location, design, maintenance, installation and construction, and materials
used including plant species. The Design "shall also include an estimate of pollutant
removal efficiency calculated using the Illinois EPA's Estimating Pollutant Load Reductions
for Nonpoint Source Pollution Control BMPs workbook. The Design shall meet the
requirements of the current Natural Resources Conservation Service (NRCS) Technical
Guide and Engineering Field Manual, Illinois Urban Manual, and the Native Plant Guide for
Streams and Stormwater Facilities in Northeastern Illinois. Two (2) copies of the draft
Design and "BMP Application Forms" shall be completed and submitted by the Recipient to
the Illinois EPA by June 1, 2002. Two (2) paper copies and one (1) electronic copy of the
final Design and "BMP Application Forms" shall be completed and submitted by the
Recipient to the Illinois EPA by August 1, 2002.
15. Permits & Landowners Aareements - The Recipient shall secure all necessary permits prior
to the implementation of the Design developed under Item 14 of this Agreement. The
Recipient shall enter into appropriate legally binding arrangements with participating
landowners to ensure that the BMPs are maintained as designed and that the operation
and maintenance procedures are implemented for at least ten (10) years from the
implementation of the BMPs. The Recipient shall submit a draft of the arrangement to the
Illinois EPA by August 1, 2002. The Recipient shall submit a copy of the executed
arrangement to the Illinois EPA by October 1, 2002.
16. Design Implementation - The Recipient shall implement the Design developed under Item
14 of this Agreement. The Recipient shall complete the installation and construction of the
bio -retention swale and oil and grit separators by September 1, 2003. Photographic slides
and prints documenting Design implementation shall be completed and submitted by the
Recipient to the Illinois EPA by October 1, 2003.
17. System Maintenance Workshop — The Recipient shall organize and conduct at least one
system maintenance workshop for Brookfield gepartment of Public Works staff. The
Recipient shall submit a draft agenda, location, schedule, materials list, and invitation list to
Illinois EPA by August 1, 2003. The Recipient shall submit the final agenda, location,
.schedule, materials and invitation list to Illinois EPA by October 1, 2003. The materials
shall be designed for long-term use. The Recipient shall hold the system maintenance
workshop before December 1, 2003.
18. Educational Signage - The Recipient shall develop at least one educational sign at the
project site which describes, in a non-technical manner, the installed practices in terms of
their design, construction, function, cost, and benefits. The educational sign shall also
present information on the various forms of nonpoint source pollution, their impacts on the
environment, methods for reducing nonpoint source pollution, the importance of water
quality protection, and watersheds principles. The educational sign shall also acknowledge
the participating agencies and identify Section 319 of the Clean Water Act as the funding
source of this project. A plan for the educational sign identifying the proposed dimensions,
page 6 of 10
09;01
Agreement No. 3190114
layout, narrative, graphics, and installation location shall be completed and submitted by
the Recipient to the Illinois EPA by September 1, 2003. The Recipient shall construct and
install the educational stand at the project site by November 1, 2003.
PROJECT EVALUATION AND REPORT
19. The Recipient shall prepare a report explaining the execution of the Salt Creek TMDL
Implementation Plan Execution — Phase 1 project (i.e., pre and post conditions, type and
location of practices, practice design, methods of practice installation) and evaluating the
project's success, including but not limited to improvements in water quality, habitat, and
bank stabilization. The report shall document the project tasks and summarize the findings
of the project, including a discussion of the effectiveness of the education component and
the cost-effectiveness of selected practices in relationship to alternative management
strategies. Two (2) copies of the draft report shall be completed and submitted by the
Recipient to the Illinois EPA by February 1, 2004. The final report shall be completed and
ten (10) paper copies and one (1) electronic copy submitted by the Recipient to the Illinois
EPA by March 31, 2004.
OTHER DIRECTED ACTIVITIES
20. The Recipient shall be available for coordination and progress briefings. The dates and
locations of these briefings will be specified by the Illinois EPA in consultation with the
Recipient during the course of the project.
21. The Recipient shall submit a written progress report by the fifteenth (15th) of July, October,
January, and April occurring during the Agreement Period. Whenever practical reports
should be submitted printed two sided.
22. All products produced and all work performed by the Recipient under this Agreement shall
be subject to review and approval by the Illinois EPA to determine eligibility and
acceptability in meeting the terms and intent of this Agreement.
23. The Recipient and the Illinois EPA retain the right to cite, quote, circulate, and reprint all
documents and other materials produced under this Agreement. The Recipient will include
in any publications for external general circulation (including brochures, newsletters, and
presentations materials) the following phrase: "Funding for this project provided, in part, by
the Illinois Environmental Protection Agency through Section 319 of the Clean Water Act."
24. At each site where best management practices are installed under this Agreement, the
,Recipient shalt design and erect a sign which acknowledges the participating agencies and
identifies Section 319 of the Clean Water Act as the funding source of this project. Sign
design must be approved by, and consistent with the specifications of, the Illinois EPA prior
to their installation at any site. Designs for all signs shall be completed and submitted by
the Recipient to the Illinois EPA by August 1, 2002. The Recipient shall erect the signs
approved by the Illinois EPA prior to the installation of the BMP(s) at its particular site. The
signs shall remain in place throughout the installation of the BMP(s) and for a period
thereafter as mutually agreed upon by the Recipient and the Illinois EPA. The Recipient
shall complete the installation of all signs approved by the Illinois EPA by September 1,
2003.
page 7of10
auoi
Agreement No. 3190114
25. The Recipient shall develop Operation and Maintenance Plans (O & M Plan) for the BMPs
implemented under this Agreement to ensure their long-term viability (at least ten years).
The O & M Plans shall identify regular inspection needs and appropriate management
activities such as sediment and debris removal, replacement of vegetation and hardware,
chemical treatment, etc. The O & M Plans shall identify both coordinating (i.e., local
governments) and participating (i.e., citizen groups, landowners) parties to carry out
inspection and management needs and the financial resources necessary for
implementation of the O & M Plan. A draft of all O & M Plans shall be completed and
submitted by the Recipient to the Illinois EPA by September 1, 2003. The final O & M
Plans shall all be completed and submitted by the Recipient to the Illinois EPA by
November 1, 2003.
26. Upon request by the Illinois EPA, the Recipient shall relinquish all equipment acquired
under this Agreement to the Division of Water Pollution Control — Nonpoint Source Unit
upon conclusion of this Agreement.
27. The Recipient shall submit a draft of all publications, press releases, newsletter articles,
video productions, and other public information materials relating to water quality issues to
the Illinois EPA for review and comment prior to their distribution. The Recipient shall allow
the Illinois EPA fourteen (14) days from the date of submittal to provide comment on the
proposed information material.
Project Schedule
Description
PROJECT COORDINATION, TECHNICAL ASSISTANCE & OUTREACH
1. Project Coordination
2. Draft Education Work Strategy
Final Education Work Strategy
SALT CREEK STREAMBANK STABILIZATION — ELK GROVE VILLAGE
3, Draft Design Specifications
Final Design Specifications
4. Draft Permits and Landowner Agreements
Final Permits and Landowner Agreements
5. Design Implementation
Photographic Documentation of Construction
6. Workshop Schedule & Agendas
Complete Workshops
Draft Newsletters
SPRING BROOK CREEK DAYLIGHTING & STABILIZATION
7. Draft Design Specifications
Final Design Specifications
8. Draft Permits and Landowner Agreements
Final Permits and Landowner Agreements
9. Design Implementation
Photographic Documentation of Construction
SALT CREEK HEADWATER RECOVERY PROJECT
10.Draft Design Specifications
Final Design Specifications
page d of 10
09,01
Completion Date
March 31, 2004
May 1, 2002
June 1, 2002
June 1, 2002
August 1, 2002
August 1, 2002
October 1, 2002
September 1, 2003
October 1, 2003
30 days prior to event
November 1, 2003
10 working days prior to
publication & distribution
June 1, 2002
August 1, 2002
August 1, 2002
October 1, 2002
September 1, 2003
October 1, 2003
June 1, 2002
August 1, 2002
Agreement No. 3190114
11. Draft Permits and Landowner Agreements
August 1, 2002
Final Permits and Landowner Agreements
October 1, 2002
12. Design Implementation
September 1, 2003
Photographic Documentation of Construction
October 1, 2003
13. Plan for Brochure & Webpage
September 1, 2003
Build & Post Webpage
January 1, 2004
Publish & Distribute Brochure
January 1, 2004
PARKING LOT RUNOFF POLLUTION PREVENTION
14. Draft Design Specifications
June 1, 2002
Final Design Specifications
August 1, 2002
15. Draft Permits and Landowner Agreements
August 1, 2002
Final Permits and Landowner Agreements
October 1, 2002
16. Design Implementation
September 1, 2003
Photographic Documentation of Construction
October 1, 2003
17.Draft Workshop Agenda, etc.
August 1, 2003
Final Workshop Agenda, etc.
October 1, 2003
Hold Workshop
December 1, 2003
Educational Signage Plan
September 1, 2003
Construct & Install Signage
November 1, 2003
PROJECT EVALUATION & REPORT
27,792.00
18. Draft Report
February 1, 2004
Final Report
March 31, 2004
OTHER DIRECTED ACTIVITIES
21.Progress Report
Quarterly as stipulated
24.Sign Designs
August 1, 2002
Install Signs
September 1, 2003
25. Draft O & M Plan
September 1, 2003
Final O & M Plan
Novemebr 1, 2003
Estimated Allowable Project Costs
Project Cost Summer
Totals
Assistance Amt.
Recipient Share
1. Direct Labor
49,233.00
16,411.00
65,644.00
Department Director
4,200.00
1,400.00
5,600.00
Senior Environmental Planner
13,662.00
4,554.00
18,216.00
Principle Environmental Planner
20,844.00
6,948.00
27,792.00
Senior Environmental Planner
8,790.00
2,930.00
11,720.00
Administrative Specialist
1,245.00
415.00
1,660.00
Printing Staff
492.00
164.00
656.00
2. Indirect Costs
82,759.00
27,587.00
110,346.00
Leave
9,517.00
3,172.00
12,689.00
Fringe
9,464.00
3,155.00
12,619.00
Indirect
63,778.00
21,260.00
85,038.00
3. Travel
1,283.00
428.00
1,710.00
4. Equipment. Materials, Supplies
1,125.00
375.00
1,500.00
Outside Reproduction
375.00
125.00
500.00
Postage
375.00
125.00
500.00
Supplies
375.00
125.00
500.00
page 9 of 10
o9ie 1
Subcontracts
787,035.00
Elk Grove Village
600,896.00
Village of Itasca
67,287.00
Save the Prairie
72,600.00
Village of Brookfield
46,250.00
TOTAL
Agreement No. 31 0114
524,690.00
1,311,725.00
400,599.00
44 ��
1,001,497.00
112,145.00
.00
48,400.00 %Qj�f
121,000.00
30,833.00 IIJJ
77,083.00
$ 1.490.925.00
Assistance Amount at 61.8% $ 921.435.00
Recipient Share at 38.2% $ 569.490.00
Offer and Acceptance
This Financial Assistance Agreement is subject to all applicable State and Federal statutory
provisions, State and Federal Grant Regulations, the Conditions/Certifications attached hereto,
and certifications provided as part of the Recipients Application for Assistance.
On behalf of the Recipient
I the undersigned, eing my authorized to take such actions, do hereby accept this offer and
agree to all terms d co iti" �n,,s including the Conditions/Certifications attached hereto.
Representative 11,E
Name and Title of Representative
Ronald L. Thomas, Executive Director
For the State of Illinois Environmental Protection Agency
The Director (herein called the "Director") of the Illinois Environmental Protection Agency, in
accordance with the authority given in the Environmental Protection Act, and in appropriation by
the General Assembly made pursuant thereby, hereby offers financial assistance to the
Recipient, up to and not exceeding the specified amount, for the support of the efforts
contained in ;thct Dgscription.
Director (/iVf`Q/tglf,>;t0�
(Renee ipriano)
In witness thereof, the parties execute this agreement this 10 day of January 20 02
page 10 of 10
09/01
CONDITIONS/CERTIFICATIONS
SECTION 319(h) FINANCIAL ASSISTANCE AGREEMENTS
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
Taxpayer Identification Number and Legal Status Disclosure Certification
Under penalties of perjury, I certify that the name, taxpayer identification number, and
legal status listed below are correct.
Organization: Northeastern Illinois Planning Commission
Taxpayer Identification Number:
Social Security Number (SSN):
Federal Employer Identification Number (FEIN): 36-6009212
(If you are an individual, enter your name and SSN 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 (please check one):
Individual
Owner of Sole Proprietorship
Partnership
Nonresident Alien Individual
Governmental Entity
Estate or Legal Trust
Tax -Exempt Hospital or Extended Care Facility
Corporation NOT providing or billing medical and/or health care
services
Corporation providing or billing medical and/or health care
services
Foreign corporation, partnership, estate, or trust
This Agency is authorized to require this inlornation under 415 ILCS 5/4(k). Disclosure of this intormation is required. Failure to do so may prevent
this loan from beingprocessed and could result in your application being denied. This tom has been approved by the Forms Management Center.
Section 319(h)
Conditions/Certifications
April 1999
Page 2 of 12
Definition:
The term "Recipient' as used herein refers to the individual or entity identified as the
applicant in a Section 319(h) Finbnclal Assistance Agreement Application Package
submitted to the Illinois EPA for funding consideration. The term "Recipient' as used
herein also refers to an individual or entity who has entered Into a Financial Assistance
Agreement with the Illinois EPA.
2.
3.
4.
5.
Capability
The Recipient certifies that it:
(i) Has authority/involvement to accomplish the planned scope of work in the
Financial Assistance Agreement (Agreement) project area.
(ii) is capable of accomplishing the planned scope of work in a timely manner to meet
scheduled deadlines during the Agreement period.
(iii) Can obtain financial resources (eligible match), and has the necessary legal,
financial, managerial, and institutional capability to perform the project activities
throughout the Agreement period.
Recipient Share
The Recipient certifies that the Recipients share of the total project cost is supported
solely with non-federal funding used exclusively for this project and is not being used to
match any other federal grant.
Responsibility of the Recipient
The Recipient certifies that it shall be responsible for the professional quality, technical
accuracy, timely completion, and the coordination of all services furnished by the
Recipient under this Agreement. The Recipient shall, without additional compensation,
correct or revise any errors or deficiencies in its services.
The Recipient certifies that it shall perform such services as may be necessary to
accomplish the work required under this Agreement, in accordance with all the terms of
this Agreement.
Findings Confidential
The Recipient certifies that any reports, information, data, etc., given to, prepared, or
assembled by the Recipient under this Agreement which the Illinois Environmental
Protection Agency (Illinois EPA) requests to be kept confidential as required by the
Illinois Environmental Protection Act (415 ILCS 5/7 and 415 ILCS 5/7.1) shall not be
made available to any individual or organization by the Recipient without prior written
approval of the Illinois EPA.
Section 319(h)
Conditions/Certifications
April 1999
Page 4 of 12
6. Subcontracts
No Consultant Services (subcontractors, outside associates, or consultants) may be
utilized by the Recipient in connection with the services covered by this Agreement
unless specifically authorized to-do so, in writing, by the Illinois EPA.
For the purposes of these conditions and certifications, the term "consultant services" is
defined as those services provided under a financial assistance agreement to the State
by an individual or group of individuals, acting as an independent contractor, qualified by
education, experience, and technical ability to advise and assist in solving specific
management and programmatic problems involving the organization, planning, direction,
control and operation of Illinois EPA.
Any Recipient who enters into a financial assistance agreement for consultant services
with a State agency shall state in the financial assistance agreement whether he will
utilize the services of a subcontractor. The financial assistance agreement shall include
the anticipated amount of money, which will be paid to the subcontractor.
If Consultant Services are authorized by the Illinois EPA, the Recipient shall submit to
the Illinois EPA a copy of each agreement which it enters into with subcontractors within
seven (7) days of the date on which the Recipient enters into the agreement with the
subcontractor.
If at any time, a Recipient who had not intended to utilize the services of a
subcontractor, decides to utilize the services of a subcontractor, the Recipient and the
Illinois EPA shall file an amendment to the original Agreement with the Comptroller. The
amendment shall state the names and addresses of all subcontractors and the
anticipated amount of money which they will receive pursuant to the original Agreement.
7. Assignments
The Recipient certifies that neither this Agreement nor any interest therein, or claimed
thereunder, shall be assigned or transferred by the Recipient except as specifically
authorized by the Illinois EPA.
8. Wage Provisions
The Recipient certifies that it will pay prevailing wages in accordance with the federal
Davis -Bacon wage provisions.
9. Equal Employment Opportunity
The Recipient certifies that it will comply with the Illinois Human Rights Act, the
Americans with Disabilities Act, the Rules and Regulations of the Illinois Department of
Human Rights, Civil Rights Act of 1964, Department of Labor regulations (41 CFR Part
60), and any other laws, regulations or orders, state or federal, which prohibit
discrimination on the grounds of race, sex, color, religion, national origin, or handicap.
In the event of the Recipient's noncompliance with any provision of any such law,
regulation or order, the Recipient may be declared non -responsible and therefore
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Conditions/Certifications
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Page 5 of 12
ineligible for future financial assistance agreements or subcontracts with the State of
Illinois or any of its political subdivisions or municipal corporations, and the Agreement
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.
10. Contracting with Small and Minority Firms, Women's Business Enterprise and
Labor Surplus Area Firms
The Recipient certifies that it will take ail necessary affirmative steps to assure that
minority firms, women's business enterprises, and labor surplus area firms are used
when possible.
Affirmative steps shall include:
(i) Placing qualified small and minority businesses and women's business
enterprises on solicitation lists;
(ii) Assuring that small and minority businesses, and women's business enterprises
are solicited whenever they are potential sources;
(iii) Dividing total requirements, when economically feasible, into smaller tasks or
quantities to permit maximum participation by small and minority business, and
women's business enterprises;
(iv) Establishing delivery schedules, where the requirement permits, which
encourage participation by small and minority business, and women's business
enterprises;
(v) Using the services and assistance of the Small Business Administration and the
Minority Business Development Agency of the Department of Commerce; and
(vi) Requiring the prime contractor, if subcontracts are to be let, to take the
affirmative steps as listed in paragraph (i) through (v) of this section.
The Recipient will complete and submit to the Illinois EPA the form entitled "MBE/WBE
Utilization Under Federal Grants, Cooperative Agreements and Other Federal Financial
Assistance% (Form 334), fifteen days after the end of each calendar quarter year.
11. More Favorable Terms Clause
All financial assistance agreements that include the rental or lease of electronic data
processing equipment shall include a clause that if more favorable terms are granted by
the lessor, supplier, dealer, or manufacturer to any similar state or local governmental
agency in any state in contemporaneous leases or rental agreements covering data
processing equipment let under the same or similar financial terms and circumstances,
the more favorable terms shall be applicable to all agreements or contracts made by any
similar Illinois state agency for the rental or lease of comparable data processing
equipment from the lessor, supplier, dealer or manufacturer.
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Conditions/Cenirications
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12. Architectural, Engineering, and Land Surveying Qualifications Based Selection
Act
The Recipient certifies that it will comply with the provisions of the Architectural,
Engineering, and Land Survey. Qualifications Based Selection Act.
13. Steel Products Procurement Act
The Recipient certifies that it and all subcontractors shall only use steel products
manufactured or produced in the United States for the construction, reconstruction,
alteration, repair, improvement, or maintenance of products funded under this
Agreement.
The provisions of the Steel Products Procurement Act shall not apply:
Where the contract involves an expenditure of less than $500.00.
(ii) Where the Director of the Illinois EPA certifies in writing that (a) the specified
products are not manufactured or produced in the United States in sufficient
quantities to meet the Agency's requirements or cannot be manufactured or
produced in the United States within the necessary time in sufficient quantities to
meet the Agency's requirements, or (b) obtaining the specified products,
manufactured or produced in the United States would increase the cost of the
contract by more than ten (10) percent.
(iii) When its application is not in the public interest.
14. Energy Efficiency
The Recipient certifies that it will follow mandatory standards and policies on energy
efficiency contained in the state energy conservation plan issued in compliance with the
Energy Policy and Conservation Act (Pub. L. 94-163).
15. Violating facilities
The Recipient certifies that it will comply with all applicable standards, orders or
requirements in effect at the time of the execution of this Agreement and issued under:
(i) Section 306 of the Clean Air Act [42 U.S.C. 1857 (h)];
(ii) Section 508 of the Clean Water Act (33 U.S.C. 1368);
(iii) Executive Order 11738; and
(iv) U.S. EPA regulations (40 CFR Part 15).
This prohibits the use, by the Recipient or any approved subcontractor, of facilities
included on the U.S. EPA list of Violating Facilities unless and until the U.S. EPA
eliminates the name of such facility from this listing.
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Conditions/Certifications
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16. Fraud and Other Unlawful or Corrupt Practices
The Recipient certifies that it will effectively pursue available state or local legal and
administrative remedies, and take appropriate remedial action with respect to any
allegations or evidence of such illegality or corrupt practices, which are brought to its
attention, such as bribery, graft, or kickbacks. The Recipient bears the primary
responsibility for prevention and detection of such conduct and for cooperation with
appropriate authorities in the prosecution of any such conduct. The Recipient shall
advise the Illinois EPA immediately when any such allegation or evidence comes to its
attention, and shall periodically advise the Illinois EPA of the status and ultimate
disposition of any such matter.
17. Educational Loans
The Recipient certifies that it, its staff, and subcontractors are not in default on an
educational loan as provided in Section 3 of the Educational Loan Default Act.
18. Interference with Public Contracting/Bid Rigging/Bid Rotating Law
The Recipient certifies that it has not been barred from bidding or from entering into a
financial assistance agreement as a result of a violation of Section 33E-3 or 33E-4 of
the Criminal Code of 1961 and/or Section 10.2 of the Illinois Purchasing Act (30 ILCS
505/10.2). The Recipient understands that if such a false statement is made, it is
committing a Class 3 felony.
19. Debarment, Suspension, and Other Responsibility Matters
The Recipient certifies that to the best of its knowledge and belief, it and its principals:
(i) Are not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from covered transactions by any Federal
department or agency;
(ii) Have not within a three (3) year period preceding a financial assistance
agreement been convicted of or had a civil judgment rendered against them for
commission of fraud or a criminal offense in connection with obtaining,
attempting to obtain, or performing a public (Federal, State, or local) transaction
or agreement under a public transaction; violation of Federal or State antitrust
statutes or commission of embezzlement, theft, forgery, bribery, falsification or
destruction of records, making false statements, or receiving stolen property;
(iii) Are not presently indicted for or otherwise criminally or civilly charged by a
government entity (Federal, State, local) with commission of any of the offenses
enumerated in paragraph (ii) of this section; and
(iv) Have not within a three (3) year period preceding a financial assistance
agreement had one or more public transactions (Federal, State, or local)
terminated for cause or default.
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Conditions/Cenilications
April 1999
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20. Bribery
The Recipient certifies that it or its representatives have not been convicted of bribing or
attempting to bribe an officer of the State of Illinois, nor has the Recipient made an
admission of guilt of such conduct which is a matter of record.
21. Drug Free Workplace Certification
The Recipient certifies that it will not engage in the unlawful manufacture, distribution,
dispensation, possession, or use of a controlled substance in the performance of the
Agreement and will provide a drug free workplace as required by Public Act 86-1459,
the Drug Free Workplace Act (30 ILCS 480/1), and will comply with all the provisions
herein.
22. International Anti -boycott Certification Act/U.S. Export Administration Act of 1979
The Recipient 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. (This certification only applies to financial
assistance agreements exceeding the threshold for small purchases according to the
purchasing laws of this State or $10,000, which ever is less.)
23. Privity of Agreement
This Agreement is expected to be funded in part with funds from the U.S. EPA. Neither
the United States nor any of its departments, agencies or employees is, or will be, a
parry to this Agreement or any lower tier agreement. The Agreement is subject to
regulations contained in 40 CFR Part 31 in effect on the date of the assistance award
for this project.
24. Covenant Against Contingent Fees
The Recipient shall warrant that no person or selling agency shall be employed or
retained to solicit or secure the Agreement upon an agreement or understanding for a
commission, percentage, brokerage, or contingent fee. For breach or violation of this
warranty, the Illinois EPA shall have the right to annul the Agreement without liability, or
in its discretion to deduct from the Agreement price or consideration, or otherwise
recover, the full amount of such commission, percentage, brokerage or contingent fee.
25. Compliance with Government Wide Guidance on Lobbying Restrictions
The Recipient certifies, to the best of its knowledge and belief, that:
(i) No federal appropriated funds have been paid or will be paid, by or on behalf of
the undersigned, to any person for influencing or attempting to influence an
officer or employee of any agency, a member of Congress, an officer or
employee of Congress, or an employee of a member of Congress in connection
with the awarding of any federal contract, the making of any federal grant, the
making of any federal loan, the entering into of any cooperative agreement, and
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Condllions/Certifications
April 1999
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the extension, continuation, renewal, amendment, or modification of any federal
financial assistance agreement, grant, loan, or cooperative agreement.
(ii) If any funds other than federal appropriated funds have been paid or will be paid
to any person for influencing or attempting to influence an officer or employee of
any agency, a member of Congress, an officer or employee of Congress, or an
employee of a member of Congress in connection with this federal contract,
grant, loan, or cooperative agreement, the undersigned shall complete and
submit Standard Form LLL ("Disclosure Form to Report Lobbying") in
accordance with its instructions.
(iii) The undersigned shall require that the language of this certification be included
in the award documents for all subcontracts and that all subcontractors shall
certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed
when this Agreement was made or entered into. Submission of this certification is a
prerequisite for making or entering into this Agreement imposed by Section 1352, title
31, U.S. Code. Any person who fails to file the required certification shall be subject to a
civil penalty of not less than $10,000.00 and not more than $100,000.00 for each such
failure.
26. Single Audit Act
Recipients annually receiving $300,000.00 or more in federal funds from the Illinois EPA
must comply with the audit provisions of the Single Audit Act in accordance with Office
of Management and Budget (OMB) Circular A-128 or Circular 133, whichever is
applicable. Agreement recipients must submit to the Illinois EPA no less frequently than
every two years, an independent audit report covering the award prepared in
accordance with the provisions of the relevant OMB Circular.
27. Audit and Access to Records
The Recipient certifies that it shall maintain books, records, documents, and other
evidence directly pertinent to performance of U.S. EPA funded work under this
Agreement in accordance with generally accepted accounting practices and principals
consistently applied and 40 CFR Part 31 in effect on the date of execution of this
Agreement. The Recipient shall also maintain the financial information and data used in
the preparation or support of the cost submission required under 40 CFR 31.36(f) for
any negotiated agreement and a copy of the cost summary submitted to the Illinois EPA.
U.S. EPA, the Comptroller General of the United States; the U.S. Department of Labor,
the Illinois EPA, the Auditor General or any of their authorized representatives shall
have access to all such books, records, documents and other evidence for the purpose
of inspection, audit and copying during normal business hours. The Recipient will
provide proper facilities for such access and inspection.
If this is a formally advertised, competitively awarded, fixed-price Agreement, the
Recipient agrees to make all paragraphs of the Audit and Access to Records Section
applicable to all agreement amendments affecting the Agreement Project Cost
Summary.
Section 319(h)
CondiNons(Certifications
April 1999
28.
Page 10 of 12.
Audits conducted under this provision shall be in accordance with generally accepted
auditing standards and with established procedures and guidelines of the reviewing or
auditing agencies.
The Recipient agrees to disclose all information and reports resulting from access to
records under paragraphs 1 and 2 of the Audit and Access to Records Section to any
agencies referred to in paragraph 1.
The Recipient shall maintain, for a minimum of five (5) years after the completion of the
Agreement, adequate books, records, and supporting documents to verify the amounts,
receipts, and uses of all disbursements of funds passing in conjunction with the
Agreement; and the Recipient 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, records, and supporting documents 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 Agreement for which adequate books, records, and supporting documentation are
not available to support their purported disbursement.
In addition, those records which relate to any controversy arising under a U.S. EPA
assistance agreement, litigation, the settlement of claims arising out of such
performance or to costs or items to which an audit exception has been taken shall be
maintained and made available by the Recipient until three (3) years after the date of
resolution of such appeal, litigation, claim, or exception.
Access to records is not limited to the required retention periods. The authorized
representatives designated in paragraph 1 of the Audit and Access to Records Section
shall have access to records at any reasonable time for as long as the records are
maintained.
This Audit and Access to Records Section applies to financial records pertaining to all
financial assistance agreements and all agreement amendments regardless of the type
of agreement. In addition this section applies to all records pertaining to all agreements
and agreement amendments:
(i) To the extent the records pertain directly to financial assistance agreement
performance;
(ii) If there is any indication that fraud, gross abuse or corrupt practices may be
involved; or
(iii) If the financial assistance agreement is terminated for default or for convenience.
Indemnity
The Recipient certifies that it shall assume the entire risk, responsibility and liability for
any and all loss or damage to property owned by the Agreement Recipient, the Illinois
EPA or third persons and any injury to or death of.any persons (including employees of
the Recipient) caused by, arising out of, or occurring in connection with the execution of
any work, contract or subcontract arising out of this Agreement and the Agreement
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Conditions/Certifications
April 1999
PEN
30.
31
32.
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Recipient shall indemnify, save harmless and defend the State of Illinois and the Illinois
EPA from all claims for any such loss, damage, injury or death whether caused by the
negligence of the State of Illinois, the Illinois EPA, their agents or employees or
otherwise consistent with the provisions of Section 1 of 'AN ACT IN RELATION TO
INDEMNITY TO CERTAIN CONTRACTS" [(740 ILCS 35/1 (1992)]. The Recipient shall
require that any and all contractors or subcontractors engaged by the Recipient shall
agree in writing that they shall look solely to the Recipient for performance of such
contract or satisfaction of any and all claims arising thereunder.
Supersession
The Illinois EPA and the Recipient agree that this and other appropriate clauses in 40
CFR 31, or their equivalent, applying to that work eligible for U.S. EPA assistance to be
performed under the Agreement and that these clauses supersede any conflicting
provisions of the Agreement.
Appropriation Contingency (Multiyear)
The obligations of the State of Illinois to provide financial assistance will cease
immediately without any penalty, accelerated payment, or other recoupment mechanism
being required by the Agreement Recipient if in any fiscal year the Illinois General
Assembly or funding source fails to make an adequate appropriation or otherwise make
available sufficient funding to cover the Agency's Agreement obligations.
Liability of the Illinois EPA
The Recipient agrees that no personal claim shall be made of, or honored by, any
independent contractor, employee, or member of the Illinois EPA by reason of any
provision of the Agreement. If the appropriation of funds by the General Assembly of
the State of Illinois available for payment of financial assistance agreements is
exhausted, neither any other State agency nor office nor any independent Contractor,
employee or member of the Illinois EPA will be obligated to pay the financial assistance
agreement Recipient anything under the terms of the Agreement, and the Recipient will
not be obligated to render service under the Agreement after such exhaustion. The
Illinois EPA shall make a positive effort to notify the Recipient prior to such exhaustion.
Disputes
Only the Recipient may appeal to the Illinois EPA under this provision with respect to its
subagreements thereunder for its own name and benefit. Neither a Recipient nor a
subcontractor of a Recipient may prosecute an appeal under the disputes provision of a
financial assistance agreement in its own name or interest.
Any dispute arising under the Agreement which is not disposed of by the financial
assistance agreement shall be decided by the Director of the Illinois EPA or a duly
authorized representative, who shall render a decision in writing and mail or otherwise
furnish a copy thereof to the Recipient. The decision of the Director of the Illinois EPA
shall be final and conclusive.
Section 319(h)
Conditions/Certitications
April 1999
Page 12 of tp
This "disputes" clause does not preclude consideration of questions of law in connection
with decisions provided in the previous paragraph.
Section 319(h)
Conditions/Cenifications
April 1999
33.
34.
Page 13 of 12
Amendments
This Agreement and any attachments hereto constitute the entire Agreement between
the parties. No amendment to this Agreement shall take effect until approved by the
Illinois EPA and Recipient in writing.
Termination
This Agreement may be terminated in whole or in part in writing by either party in the
event of substantial failure by either party to fulfill its obligations under this Agreement
through no fault of the terminating party, provided that no termination may be effected
unless the other party is given 1) not less than ten (10) calendar days written notice
(delivered by certified mail, return receipt requested) of intent to terminate, and 2) an
opportunity for consultation with the terminating party prior to termination.
This Agreement may be terminated in whole or in part in writing by the Illinois EPA for its
convenience, provided that the Recipient is given 1) not less than ten (10) calendar days
written notice (delivered by certified mail, return receipt requested) of intent to terminate,
and 2) an opportunity for consultation with the Illinois EPA prior to termination.
If termination for default is effected by the Illinois EPA, an equitable adjustment in the
price provided for in this Agreement shall be made, but 1) no amount shall be allowed
for anticipated profit on unperformed services or other work, and 2) any payment due to
the Recipient at the time of termination may be adjusted to cover any additional costs to
the Illinois EPA because of the Recipients default. If termination for default is effected
by the Recipient, or if termination for convenience is effected by the Illinois EPA, the
equitable adjustment shall include a reasonable profit for services or other work
performed. The equitable adjustment for any termination shall provide payment to the
Recipient for services rendered and expenses incurred prior to the termination, in
addition to termination settlement costs reasonably incurred by the Recipient relating to
commitments which have become firm prior to the termination.
Upon receipt of a termination action under paragraphs 1 or 2 of the Termination Section,
the Recipient shall 1) promptly discontinue all affected work (unless the notice directs
otherwise), and 2) deliver or otherwise make available to the Illinois EPA all data,
drawings, specifications, reports, estimates, summaries and such other information and
materials as may have been accumulated by the Recipient in performing this
Agreement, whether completed or in process.
Upon termination under paragraphs 1 or 2 of the Termination Section, the Illinois EPA
may take over the work and may award another party to complete the work under this
Agreement.
If, after termination for failure of the Recipient to fulfill contractual obligations, it is
determined that the Recipient had not failed to fulfill the Agreement obligations, the
termination shall be deemed to have been for the convenience of the Illinois EPA. In
such event, adjustment of the price provided for in this Agreement shall be made as
provided in paragraph three (3) of the Termination Section.
Section 319(h)
Conditions/Cer ifications
April 1999
Page 14 of 12,
35. Payments
Requests for payment shall be submitted by the Recipient's authorized representative
no more frequently than monthly and should detail the amount and value of the work
performed and be accompanied by such supporting documentation as may be required
by the Illinois EPA. The Recipient may transfer amounts among the costs categories
designated in the Estimated Allowable Project Cost Summary provided the categories
do not increase or decrease by more than 15 percent. Transfer in excess of 15 percent
may be made only with the written concurrence of the Illinois EPA. The requests for
payment shall be submitted to:
Illinois Environmental Protection Agency
Attention: Fiscal Service
Mail Code # 2
P.O. Box 19276
Springfield, IL 62794-9276
The Illinois EPA may withhold payment to the Recipient if the Recipient's progress in
completing the scope of work does not meet the project schedule contained in the
Agreement.
Upon satisfactory completion of the work performed under this Agreement, as a
condition before final payment under this Agreement or as a termination settlement
under this Agreement the Recipient shall execute and deliver to the Agency a release of
all claims against the Agency arising under, or by virtue of, this Agreement, except
claims which are specifically exempted by the Recipient to be set forth therein. Unless
otherwise provided in this Agreement, by State law or otherwise expressly agreed to by
the parties to this Agreement, final payment under this Agreement or settlement upon
termination of this Agreement shall not constitute a waiver of the Agency's claims
against the Recipient or his sureties under this Agreement or applicable performance
and payment bonds.
I, the undersigned, being duly authorized to take such actions certify that
items 1 - 35 of these conditions/certifications are acceptable and true.
Printed Name and Title
Representative Dat
Section 319(h)
Conditions/Certifications
April 1999