City Council Packet 2009 10-13-09 STATE OF ILLINOIS Sponsor: Yorkville,United City of
Department of Natural Resources
Project Amendment# : ONE
AMENDMENT TO PROJECT AGREEMENT
THIS AMENDMENT TO Project Agreement # OS 07-1571 is hereby made and agreed upon by the Illinois
Department of Natural Resources and by the United City of Yorkville pursuant to the Open Space
Lands Acquisition and Development Act,as amended,(525 ILCS,35/1,et. seq.).
The Sponsor and the IDNR, in mutual consideration of the promises made herein and in the Project Agreement of which this is an
amendment, do promise as follows: The project ending date is extended from December 31, 2009 to December 31, 2010. The
original project ending date: December 31,2009.
That the rationale for making the contract amendment is as follows:
[X] The circumstances that necessitate the change in performance were not reasonably foreseeable at the time the contract was
signed.
[] The circumstances that necessitate the change in performance were not within the contemplation of the contract as signed.
[] The circumstances that necessitate the change in performance are in the best interest of the unit of State or local government
and authorized by law.
Specific circumstances requiring this amendment are: The project involves a donated parcel which is being used as match for grant
cost sharing. The transfer of the donated parcel is being held up due to bankruptcy proceedings and may not be complete by the
original project ending date of December 31, 2009. A copy of the letter request from the United City of Yorkville dated October 21,
2009 to extend the ending date of this grant is attached and incorporated by reference as Exhibit"A".
In all other respects the Project Agreement of which this is an amendment, and the plans and specifications relevant thereto, shall
remain in full force and effect. In witness whereof,the parties hereto have executed this amendment as of the date entered below.
PROJECT SPONSOR STATE OF ILLINOIS
IL Department of Natural Resources
(Agency) (Agency)
(Signature) (Director- Signature)
(Name) (Director-Name)
Date:
(Title)
Required additional signatures for contracts and contract
(Date) renewals totaling$250,000 or more per 30 ILCS 105/9.02.
(DNR Chief Legal Counsel-Signature)Date
(DNR Chief Legal Counsel-Name)
(DNR Chief Fiscal Officer-Signature)Date
( )IDNR Copy (DNR Chief Fiscal Officer-Name)
( ) Sponsor Copy
ATTACHMENT A
CERTIFICATIONS
ILLINOIS Contracts, Grants and Other Agreements
Under penalties of perjury, I certify that:
1. The number shown on this form is my correct taxpayer identification number(or I am
waiting for a number to be issued to me), and
DEPARTMENT OF
NATURAL 2. I am not subject to withholding because: (a) I am exempt from backup withholding or
RESOURCES (b) I have not been notified by the Internal Revenue Service(IRS)that I am subject to
backup withholding as a result of a failure to report all interest or dividends, or(c)the IRS
has notified me that I am no longer subject to backup withholding and
3. I am a U.S. person (including a U.S. resident alien).
Name:
Taxpayer Identification Number:*
Social Security Account Number
or
Federal Employer Identification Number
(*)If you are an individual,enter your name and SSAN as it appears on your Social Security Card. If you are completing this certification
for a sole proprietorship,enter the owner's name followed by the name of the business and the owners SSAN.For all other entities,enter
the name of the entity as used to apply for the entity's FEIN and the FEIN.
Legal Status(Check one):
❑ Individual ❑ Governmental
❑ Sole Proprietor ❑ Nonresident alien
❑ Partnership/Legal Corporation ❑ Estate or trust
❑ Tax-exempt ❑ Pharmacy(Non-Corp.)
❑Corporation providing or billing ❑ Pharmacy/Funeral Home/Cemetery
medical and/or health care services (Corp.)
E Corporation NOT providing or E Limited Liability Company
billing medical and/or health care service (select applicable tax classification)
❑ Other: ❑ D =disregarded entity
❑ C =corporation
❑ P = partnership
Hereinafter the term "Contractor" shall be used to refer to the individual or entity entering into the Contract,
Grant, or Other Agreement with the Department of Natural Resources and certifying the truth of the
information contained herein. Certifications hereunder are applicable to the extent they are required of
Contractor by law. Contractor certifies that:
I. It has not been convicted of bribing or attempting to bribe an officer or employee of the State of Illinois
or any other State, nor has made an admission on the record of having so bribed or attempted to
bribe. (30 ILCS 500/50-5)
II. It has not been convicted of a felony,or that it has been at least 5 years since the date of completion
of any sentence for a felony conviction. If Contractor is not an individual, Contractor certifies no
person held responsible by a prosecutorial office for the facts upon which the felony conviction was
based continues to have involvement with the Contractor. (30 ILCS 500/50-10)
III. In accordance with 30 ILCS 500/50-10.5 that no officer, director, partner, or other managerial agent
of Contractor, has been convicted of a felony under the Sarbanes-Oxley Act of 2002, or a Class 3 or
2 felony under the Illinois Securities Law of 1953, for a period of 5 years prior to the date of the bid
Page 1 of 4
or contract. Contractor acknowledges that the Department of Natural Resources shall declare the
contract void if this certification is false.
IV. It, or any affiliate, is not barred from being awarded a contract under 30 ILCS 500/50-11 and 50-12.
Contractor further acknowledges that the Department of Natural Resources may declare the contract
void if the preceding certification is false or if the Contractor, or any affiliate, is determined to be
delinquent in the payment of any debt to the State during the term of the contract.
V. In accordance with 30 ILCS 500/50-14 that the bidder or Contractor is not barred from being awarded
a contract under this Section. The Contractor acknowledges that the Department of Natural
Resources may declare the contract void if this certification is false.
VI. It is not in violation of Section 50-14.5 of the Illinois Procurement Code that states: "Owners of
residential buildings who have committed a willful or knowing violation of the Lead Poisoning
Prevention Act(410 ILCS 45)are prohibited from doing business with the State of Illinois or any State
agency until the violation is mitigated".
VII. It has not paid any money or valuable thing to induce any person to refrain from bidding on a State
contract, nor has Contractor accepted any money or other valuable thing,or acted upon the promise
of same, for not bidding on a State contract. (30 ILCS 500/50-25).
VIII. It is not in violation of the "Revolving Door" section of the Illinois Procurement Code. (30 ILCS
500/50-30).
IX. It will report to the Illinois Attorney General and the Chief Procurement Officer any suspected collusion
or other anti-competitive practice among any bidders,offerors,Contractors,proposers or employees
of the State. (30 ILCS 500/50-40, 50-45, 50-50).
X. It and subcontractor shall maintain books and records relating to the performance of the Contract or
subcontract and necessary to support amounts charged to the State under the contract or
subcontract. Books and records, including information stored in databases or other computer
systems,shall be maintained by the Contractor for a period of 3 years from the later of the date of final
payment under the Contract or completion of the Contract, and by the subcontractor for a period of
3 years from the later of the date of final payment under the subcontract or completion of the
subcontract. The 3-year period shall be extended for the duration of any audit in progress during the
term. Books and records required to be maintained under this Section shall be available for review
or audit by representatives of the Auditor General, the Agency, the Inspector General and other
governmental entities with monitoring authority, upon reasonable notice and during normal business
hours. Contractor and its subcontractors shall cooperate fully with any such audit. Failure to maintain
the books and records required by this Section shall establish a presumption in favor of the State for
the recovery of any funds paid by the State under the contract for which adequate books and records
are not available to support the purported disbursement. The Contractor shall not impose a charge
for audit or examination of the Contractor's books and records. If federal funds are used to pay
contract costs, the Contractor must retain its records for five years. If only state funds are involved,
three years is sufficient. (30 ILCS 500/20-65).
XI. It will,pursuant to the Drug Free Workplace Act, provide a drug free workplace,and that an individual
shall not engage in the unlawful manufacture, distribution, dispensation, possession or use of a
controlled substance in the performance of the Contract. This certification applies to contracts of
$5,000 or more for individuals or entities, and to entities with twenty-five (25) or more employees
regardless of amount. (30 ILCS 580/1 et seq.)
XII. Neither it nor any substantially owned affiliate is participating or shall participate in an international
boycott in violation of the U.S. Export Administration Act of 1979 or the applicable regulations of the
U.S.Department of Commerce. This certification applies to contracts that exceed$10,000. (30 ILCS
582/5)
XIII. In accordance with the State Prohibition of Goods from Forced Labor Act that no foreign-made
Page 2 of 4
equipment, materials, or supplies furnished to the State under the contract have been produced in
whole or in part by forced labor, convict labor, or indentured labor under penal sanction. (30 ILCS
583/10).
XIV. In accordance with the State Prohibition of Goods from Child Labor Act that no foreign-made
equipment, materials, or supplies furnished to the State under the contract have been produced in
whole or part by the labor of any child under the age of 12. (30 ILCS 584/10).
XV. He/she has informed the Director of the Department of Natural Resources in writing if he/she was
formerly employed by that agency and has received an early retirement incentive prior to 1993 under
Section 14-108.3 or 16-133.3 of the Illinois Pension Code,40 ILCS 5/14-108.3 or 40 ILCS 5/16-133.3,
and acknowledges that contracts made without the appropriate filing with the Auditor General are not
payable from the"contractual services"or other appropriation line items. Contractor certifies he/she
has not received an early retirement incentive in or after 2002 under Section 14-108.3 or 16-133.3
of the Illinois Pension Code, 40 ILCS 5/14-108.3 and 40 ILCS 5/16-133.3, and acknowledges that
contracts in violation of Section 15a of the State Finance Act are not payable from the"contractual
services" or other appropriation line items. (30 ILCS 105/15a).
XVI. It is not in default on an educational loan. (5 ILCS 385/3). [A partnership shall be considered barred
if any partner is in default on an educational loan.]
XVII. It has not been convicted of the offense of bid rigging or bid rotating or any similar offense of any
State or of the United States. (720 ILCS 5/33E-3, 720 ILCS 5/33E-4)
XVIII. It does not pay dues to, or reimburse or subsidize payments by its employees for, any dues or fees
to any"discriminatory club". (775 ILCS 25/2).
XIX. It complies with the Illinois Human Rights Act and rules applicable to public contracts,including equal
employment opportunity, refraining from unlawful discrimination, and having written sexual
harassment policies. (775 ILCS 5/2-105)
XX. It, its employees and subcontractors comply with applicable provisions of the Illinois Human Rights
Act(775 ILCS 5/1-101 et seq.), the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of
1973, the Americans with Disabilities Act of 1990 (42 U.S.C. §12101) and applicable rules in
performance under this Contract.
XXI. It shall be required, if applicable, to observe and comply with provisions of the Prevailing Wage Act,
which applies to the wages of laborers, mechanics and other workers employed in any public works,
and with the prevailing wage requirements of the Illinois Procurement Code. (820 ILCS 130/4, 30
ILCS 500/25-60).
XXII. If applicable,that any steel products used or supplied in accordance with a Contract for a public works
project shall be manufactured or produced in the Unites States,in compliance with the Steel Products
Procurement Act. (30 ILCS 565/1)
XXIII. This agreement is in compliance with the requirements of the Corporate Accountability for Tax
Expenditures Act, if applicable. (20 ILCS 715/1 et seq.).
XXIV. It warrants and certifies that it and, to the best of its knowledge, its subcontractors have and will
comply with Executive Order No. 1 (2007). The Order generally prohibits vendors and subcontractors
from hiring the then-serving Governor's family members to lobby procurement activities of the State,
or any other unit of government in Illinois including local governments,if that procurement may result
in a contract valued at over$25,000. This prohibition also applies to hiring for that same purpose any
former State employee who had procurement authority at any time during the one-year period
proceeding the procurement lobbying activity.
Page 3 of 4
XXV. Contractor,as defined in Public Act 95-971,certifies that it has read,understands,and is in compliance
with the Act and will not make a contribution that will violate the Act. In general, Public Act 95-0971
contains new registration and reporting requirements for certain Contractors,as well as limitations on
political contributions by certain Contractors and their affiliates.These requirements shall be effective
for the duration of the term of office of the incumbent Governor or for a period of 2 years after the end
of the contract term, whichever is longer.
Contractor further certifies, in accordance with Public Act 95-971, as applicable:
❑ Contractor is not required to register as a business entity with the State Board of Elections.
or
❑ Contractor has registered as a business entity with the State Board of Elections and
acknowledges
a continuing duty to update the registration as required by the Act. A copy of the certificate of
registration is attached.
Contractor acknowledges that the State may declare this Contract void without any additional
compensation due to the Contractor if this foregoing certification is false or if the Contractor(or any of
its Affiliated Persons or Entities)engages in conduct that violates Public Act 95-0971.
The undersigned acknowledges and agrees that each of the certifications or amendments shall be
incorporated into and made a part of the invitation for bids,request for proposals,agreement,contract,
amendment, renewal or other similar document to which these certifications are attached.
CONTRACTOR:
BY:
TITLE:
DHR Public
Contract Number**:
Form approved by IDNR Legal Counsel
for use effective May, 2009
(") Department of Human Rights Public
Contract Number. Each Contractor having 15 or
more employees must have a current Public
Contract number or proof of having submitted a
completed application.Application forms may be
obtained by contacting the Department of Human
Rights, Public Contracts Section, 100 W.
Randolph, 10`h Floor, Chicago, Illinois 60601 or
calling 312/814-2432(TDD 312/263-1579).In the
space provided, show your Public Contract
Number or,if not available,the date a completed
application for the number was submitted.
Contractors with less than 15 employees may
indicate"not applicable".
Page 4 of 4
Agenda Item Summary Memo
Title:
Meeting and Date:
Synopsis:
Council Action Previously Taken:
Date of Action: Action Taken:
Item Number:
Type of Vote Required:
Council Action Requested:
Submitted by:
Agenda Item Notes:
See attached staff report.
Reviewed By:
Legal
Finance
Engineer
City Administrator
Consultant
_______________
Agenda Item Number
Tracking Number
PC 2009-11
Midco Northgate Yorkville, LLC Preliminary Plan, Final Subdivision Plan and
Subdivision Plat
City Council / October 13, 2009
Majority
Approval of Preliminary Plan and Final Subdivision Plan and
Subdivision Plat
Travis Miller Community Development
Name Department