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HomeMy WebLinkAbout91-0530 Bike Trail Grant °11- 0530 Illinois Department of Conservation life and land together LINCOLN TOWER PLAZA • 524 SOUTH SECOND STREET • SPRINGFIELD 62701-1787 • _ • BRENT MANNING, DIRECTOR June 20, 1991 Mr. Ross Ricks, Director Department of Parks and Recreation City of Elgin 150 Dexter Court Elgin, IL 60120 Re: OS 89-312 City of Elgin Urban Trail Link Dear Mr. Ricks: Enclosed is the validated project agreement authorizing grant reimbursement on the above referenced project. Please retain this document in the local project file. The following information is required at the final billing: 1. invoices and canceled checks are evidence of payment which correspond to the signed contract amount(s) ; 2. two copies of as-built drawings which clearly delineate each project component. These drawings should be no larger than 11" X 17"; and 3. Completed Development Billing Form which is enclosed. Please notify the Department immediately upon completion to arrange for a final on-site inspection of the project. A permanent sign will be provided at this inspection. If you have any questions, please contact me at 217/782-7481. Sincerely, Gregory B. Akers Grant Administrator Division of Technical Services GBA/pjg Enclosure • STATE OF ILLINOIS Department of Conservation OPEN SPACE LANDS ACQUISITION & DEVELOPMENT GRANT PROGRAM PROJECT AGREEMENT Project Sponsor: Elgin , City of Project Number: OS 8 9-31 2 Address: 150 Dexter Court FEIN Number: 36-605862 Elgin , IL 60120 Project Title: Urban Trail Link Project Period: From: To: April 10 , 1989 September 30 , 1991 Project Scope (Description of Project/Costs) : The City of Elgin will construct a 2 . 5 mile 8 ' to 10 ' wide asphalt bicycle trail through the center of Elgin along the eastern shoreline of the Fox River . General trail alignment and development will be in accordance with the Project Plans on file with the Department of Conservation . PROJECT COSTS The following documents are hereby incorporated into, and Acquisition Costs $ made part of this Agreement Relocation Costs $ 1.General Provisions (attached) Development Costs $ 150 , 000 . 00 2.Project Application TOTAL COSTS $ 300 , 000 . 00 3. % Fund Assistance 50 % 4. FUND ASSIST. AMUR! $ 150 , 000 . 00 ( ) DOC copy (� Sponsor copy The State of Illinois, represented by the Director of the Department of Conser- vation, and the herein named project Sponsor, mutually agree to perform this Agreement in accordance with the Open Space Lands Acquisition and Development Act, as amended, (P.A. 84-711, effective January 1, 1986) , and with the terms, promises, conditions, plans, specifications, procedures, project proposals, maps, and assurances contained in the approved project application, and, which by reference, is hereby made a part of this Agreement. The State of Illinois hereby promises, in consideration of the promises and assurances made by the Sponsor herein, to obligate to the Sponsor the amount of money referred to herein, and to tender to the Sponsor that portion of the obligation which is required to pay the State of Illinois' share of the costs of the herein described project stage, based upon the herein stated percentage of assistance. Obligations of the State will cease immediately without penalty of further payment being required if in any fiscal year the Illinois General Assembly or Federal funding source fails to appropriate or otherwise make available sufficient funds for this Agreement. The Sponsor hereby promises, in consideration of the promises made by the State of Illinois herein, to execute herein described project and operate and maintain the project site in accordance with the terms of this Agreement. The following special project terms and conditions were added to this Agreement before it was signed by the parties thereto: 1. All overhead utilities on the project property, excepting electric lines over 15kv, must be buried or otherwise screened. 2. No easements or other land encumberances may be granted on the project property without the prior written approval of the Illinois Department of Conservation. 3. No portion of project property may be traded, sold or otherwise exchanged, nor converted from outdoor recreation use, without the prior written approval of the Illinois Department of Conservation. 4. No indoor buildings, exclusive of service/support structures or sanitary facilities may be constructed on the property acquired and/or developed hereunder. In witness whereof, the parties hereto have executed this Agreement as of the date entered below. STATE OF ILLINOIS SPONSOR By: 5 City of Elgin ( ignature) (Agency) MVP _�f1,10. (Title) (Signa u ) Illinois Dept. of Conservation arry Rice (Name) Date: ?el ` City Manager • (Title) • • GENERAL PROVISIONS OF THE PROJECT AGREEMENT FOR OPEN SPACE LANDS ACQUISITION & DEVELOPMENT GRANT PROJECTS A. Definitions 1. The term "DOC" as used herein means the Department of Conservation, State of Illinois. 2. The term "Director" as used herein means the Director of the Department of Conservation, or any representative lawfully delegated the authority to act for such Director. 3. The term "project" as used herein means the approved project which is the subject of this agreement. 4. The term "Local Agency" (grantee) as used herein means the local political subdivision or public agency which is a party to this Agreement and to which OSLAD funds are being provided pursuant to this Agreement. 5. The term "OSLAD" as used herein means the State of Illinois, "Open Space Lands Acquisition and Development" grant program as authorized under Public Act 78-938, as amended by P.A. 83-722, effective Sept. 23, 1983. B. Compliance Requirements 1. The Local Agency agrees to complete the project in accordance with all applicable State and local laws and regulations, including but not limited to: a. Public Act 77-1571, Eminent Domain, Uniform Relocation Payments for Persons Displaced by Acquisition of Property by State Agency. b. Illinois Facilities for Handicapped Act (Chap. 111 1/2, Ill. Rev. Stat. ) (See State "Accessibility Standards Illustrated Manual" - revised Nov. , 1983, Capital Dev. Board) . c. Fair Employment Practices Act, Approved July 21, 1961, as amended. (Ill. Rev. Stat. ) d. Illinois Human Rights Act (Chap. 68, para. 1-101, et. seq. , Ill. Rev. Stat. ) as it applies to unlawful discrimination in employment as defined in Article 2 of the Act; and to further take affirmative action to assure no discrimination is committed. e. "An Act to prohibit discrimination and intimidation on account of race, creed, color, sex, religion, physical or mental handicap unrelated to ability, or national origin in employment under contracts for public buildings or public work," approved July 8, 1933, as amended. The provisions of these Acts are made part of the Agreement by reference as though set forth in full within. Revised 5/91 • 2. The Local Agency shall insert as a integral part of any contract with the approved bidder the following provisions. a. That the Contractor shall abide by and comply with all applicable Local and State laws relating to fair employment practices and prohibiting discrimination in employment contracts involving public funds, the construction or development of public buildings, works or facilities. b. That the Contractor shall comply with and be bound by any applicable Local and State laws in any manner pertaining or relating to wages and claims of laborers, mechanics and other workmen, agents, or servants in any manner employed in connection with contracts involving public funds or the development or construction of public works, buildings or facilities. c. That the Contractor shall abide by and comport with all applicable Local and State laws relating or pertaining to the development and/or construction of public works, building or facilities, including but not in any manner limited to any and all applicable workmen's compensation acts or laws. d. That the Contractor shall provide and furnish to the satisfaction of the Local Agency and DOC good and sufficient performance bond(s) with adequate surety or sureties, with applicable penalty or loss clauses; concerning or relating to the construction of the proposed facilities and any losses, cost or damages arising out of, or by virtue of said construction by the Contractor of the specified project facilities, insuring, benefiting and protecting the Local Agency and DOC. e. That the Contractor shall personally and individually agree and covenant, and shall furnish and provide sufficient evidence of insurance, to indemnify, protect, defend at its own cost, and hold harmless the Local Agency and DOC from and against all losses, damages, injuries, costs, expenses or claims thereof to or by persons or property, arising out of, through, under or by virtue of the construction and development of the specified project facilities. 3. The Local Agency certifies that no official or employee of the Local Agency, who is authorized in his official capacity to negotiate, make, accept, or approve, or to take part in such decisions regarding a contract for acquisition/development of property in connection with this project, shall have any financial or other personal interest in any such contract for the acquisition/development. 4. The Local Agency certifies that no person performing services for the Local Agency in connection with this project shall have a financial or other personal interest other than his employment or retention by the Local Agency; in any contract for acquisition/development of property in connection with this project. No officer or employee of such person retained by the Local Agency shall have any financial or personal Revised 5/91 unless in any real property acquired/developed for this project such interest is openly disclosed upon the public records of the Local Agency, and such officer, employee, or person has not participated in the acquisition for or on behalf of the Local Agency. The Local Agency shall be responsible for enforcing the above conflict of interest provisions. 5. The Local Agency hereby certifies that: To the best of its knowledge, no officer or employee has been convicted of bribery or attempting to bribe an officer or employee of the State of Illinois, nor has any officer or employee made an admission of guilt of such conduct which is a matter of record. 6. The Local Agency agrees and understands that it shall not discriminate against any person on the basis of sex, race, color, religious belief, or national origin, nor on the basis of residence, except to the extent that reasonable differences in admission or other user fees may be maintained on the basis of residence, in the use of any property acquired and/or developed pursuant to this agreement. 7. It is hereby agreed and understood by the Local Agency that the rules and regulations heretofore and hereinafter promulgated by DOC relevant to the OSLAD program as set forth in 17 Ill. Adm. Code - part 3025, shall be considered a material part of this Project Agreement. C. Project Execution 1. The Local Agency agrees to execute and complete the approved project in accordance with the time schedule set forth in the project proposal. Failure to render satisfactory progress or to complete this project, which is the subject of OSLAD assistance under terms of the signed Agreement, to the satisfaction of the Director may be cause for suspension of all obligations of the State of Illinois under this Agreement. 2. The Local Agency agrees to operate and maintain the approved project site, in perpetuity, for the benefit of public outdoor recreation. All significant deviations from the approved project proposal and development plans shall be submitted in writing to the Director for prior approval. Specific actions regarded as significant deviations are as follows: a. The granting of an easement, right-of-way, or other such encumbrance on title which divests control of the area from the Local Agency to another individual, agency, or entity. b. The sale or exchange of any portion of the lands acquired/developed under the project. c. The change, alteration or disposition of the lands acquired/de- veloped under the project to other than public outdoor recreation use unless otherwise approved within the original Project Agree- ment. Revised 5/91 It is hereby agreed and understood by the Local Agency that any deviation/conversion of property(ies) acquired or developed with assistance from the Illinois OSLAD program from public outdoor recreation use without DOC approval shall result in the Local Agency being held liable for replacing said converted property with comparable recreation land as deemed acceptable by DOC. 3. Development plans and specifications shall be available for review by the Director upon request. The Local Agency shall be responsible for developing the project area in accordance with the Site Development Plan submitted to and approved by DOC. 4. In connection with, and prior to, the construction associated with the approved project, the local sponsor agrees that it shall be responsible for and obtain any and all necessary Permits, Licenses or Forms of Consent, as the case may be, from, but not limited to, the following: a. Dept. of the Army, Corps of Engineers. b. Illinois Dept. of Transportation. c. Illinois Environmental Protection Agency. d. Illinois Dept. of Public Health. e. Local Building or Zoning Agencies, or Boards, where applic- able. 5. The Local Agency agrees to permanently post a grant acknowledgement sign, provided by DOC, at the project site entrance. In lieu of the DOC provided sign, the Local Agency may choose the option to erect a permanent grant acknowledgement sign at the project entrance to comply with Local Agency signing standards; provided said sign bears the DOC logo and the following wording: "OPEN SPACE LANDS ACQUISITION & DEVELOPMENT PROGRAM" ILLINOIS DEPARTMENT OF CONSERVATION 6. It is agreed by the Local Agency that a DOC representative will make periodic inspections of the project as construction progresses and will be available for consultation or assistance at any reasonable time upon request. It is further agreed and understood by the Local Agency that a final inspection and acceptance of the completed project must by made by a representative of DOC prior to project acceptance and grant reimbursement to the Local Agency, and that DOC shall have future access to all facilities acquired and/or developed under terms of this Agreement to ensure continuing program compliance. 7. The Local Agency covenants and agrees that it shall indemnify, protect, defend and hold harmless DOC from any and all liability, costs, damages, expenses, or claims thereof arising under, through or by virtue of the construction, operation and maintenance of the herein specified project facility. Revised 5/91 D. Project Costs, Financial Records and Audit Requirements 1. Project costs eligible for assistance shall be determined upon the basis of the criteria set forth in the OSLAD Act and the current administrative policies of DOC set forth in 17 Ill. Adm. Code, part 3025. 2. The Local Agency shall maintain satisfactory financial accounts, documents, and records, and shall make them available to DOC and the State of Illinois for auditing at reasonable times. Such accounts, documents, and records shall be retained by the Local Agency for three years following project completion. 3. If the Local Agency (grantee) receives more than $25,000 in grant funds, the Local Agency shall be responsible for having an annual financial and compliance audit. This audit should be conducted as a part of the Local Agency's annual audit as is generally required by 1) state law (e.g. IL Revised Statutes ch. 24 or 34) , 2) federal requirements, OMB circulars A-128 or A-133, or 3) the Local Agency's own governing body. In essence, one agency-wide audit will meet the audit requirements for OSLAD grant participation. This audit must be conducted by an independent public accountant, certified and licensed by authority of the State of Illinois and conducted in accordance with generally accepted auditing standards adopted by the American Institute of Certified Public Accountants (AICPA, 1985) . If the Local Agency is exempt from State and federal audit requirements, the Local Agency must procure a special audit covering all funds expended under this program. If the Local Agency's OSLAD project includes the use of FORCE ACCOUNT LABOR, the Local Agency shall ensure that any audit required will include an internal control evaluation and opinion on the Local Agency's time and attendance allocation system. The Local Agency shall be responsible for procuring all required audits. Audit procurements shall be conducted in accordance with the Local Agency's normal procurement rules, provided that these rules promote open competitive procurements. 4. The Local Agency will provide the Department a copy of all annual audits for all fiscal years concurrent or contiguous to the approved grant period within 30 days of the completed audit. 5. The Local Agency shall be responsible for timely action in resolving any audit finding and/or questioned project costs. In the event that questioned costs are ultimately deemed disallowed, as determined by the Department, the Local Agency (grantee) shall be responsible for repayment of such costs. Revised 5/91 - i E. Operation and Maintenance The Local Agency hereby agrees and covenants with DOC to comply with and abide by the following Operation and Maintenance provisions which shall be considered an integral part of this Agreement: 1. The herein referenced project site shall be operated, utilized and maintained, subject to the terms of the OSLAD program set forth in this Agreement, by the Local Agency at no cost to DOC for the benefit and .enjoyment of public outdoor recreation without regard to race, color, creed, national origin, disability or place of residence. 2. The subject property shall be open for public use during reasonable hours of operation and shall be maintained in a safe and attractive manner. 3. The Local Agency may enter into a contract or agreement with responsible concessionaire to operate and/or construct appropriate facilities for disbursing food to the public and/or any other services as may be desired by the public and the Local Agency to enhance outdoor recreation use of the project site. Any and all funds generated as a result of said contract or agreement shall be used for the operation and maintenance of, or improvement to, said project facilities or similar public outdoor recreation facilities owned by the Local Agency. The lessee concessionaire, or licensee providing such service at the project site shall not discriminate against any person or persons on the basis of race, color, creed, national origin, disability or place of residence in the conduct of its operation under the lease, license or concession agreement. F. Project Termination 1. The State may unilaterally rescind this Project Agreement or the Local Agency may rescind the Agreement at any time prior to the commencement of the herein referenced project by way of written notification to the other party. After project commencement, this Agreement may be rescinded, modified, or amended only by mutual agreement among the parties herein. A project shall be deemed commenced when the Local Agency makes any expenditure or incurs any obligation, exclusive of architectural/engineering fees, with respect to the project. 2. Failure by the Local Agency to comply with any of the above cited Project Agreement terms shall be cause for the suspension of all grant assistance obligations thereunder, unless, in the judgement of the DOC, such failure was not due to the fault of the Local Agency. Revised 5/91 3. After project completion and grant assistance payment to the Local Agency, it is hereby convenanted and agreed by the Local Agency that in the event of its breach, violation, or noncompliance of or with any of the terms, covenants, and conditions of this Agreement that thirty (30) days following receipt of a written notice from DOC of the existence of said breach or violation and if said violation or breach is not corrected within this thirty (30) day period, that DOC shall thereafter have full right and authority to take such action as it deems necessary, whether by way of injunction or otherwise to enforce the provisions of this Agreement to prevent the continued breach or violation thereof by the Local Agency. Revised 5/91