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Resolution 2017-22 Resolution No. 2017- A RESOLUTION OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS, APPROVING AN AMENDMENT TO PROJECT AGREEMENT#OS 13-1864 WITH THE ILLINOIS DEPARTMENT OF NATURAL RESOURCES WHEREAS, the United City of Yorkville, Kendall County, Illinois (the "City") is a duly organized and validly existing non home-rule municipality created in accordance with the Constitution of the State of Illinois of 1970 and the laws of this State; and, WHEREAS, the City and the Illinois Department of Natural Resources entered into a Project Agreement for Project # OS 13-1864 (the "Agreement") in 2013, which Agreement authorized grant reimbursement on the Bicentennial Riverfront Park project and provided for a project end date of December 31, 2015; and, WHEREAS, the City Council approved Resolution No. 2015-14 on July 14, 2015 which extended the project end date to December 31, 2016; and, WHEREAS, the City Council approved Resolution No. 2016-24 on August 23, 2016 which extended the project end date to December 31, 2017; and, WHEREAS, the City now desires to extend the project end date set forth in the Agreement to December 31, 2018. NOW, THEREFORE, BE IT RESOLVED, by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. That the Amendment to Project Agreement and the documents related to the Amendment entitled Taxpayer Identification Number, and Standard Certifications, attached hereto and made a part hereof, are hereby approved and the Mayor is hereby authorized to execute and deliver said Amendment and related documents on behalf of the United City of Yorkville. Section 2. This Resolution shall be in full force and effect from and after its passage and approval as provided by law. Resolution No.2017- o90A Page 1 Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of A iz 1 i.._ 92017. —.&')�4— , /""' CITY CLERK CARLO COLOSIMO Y KEN KOCH y JACKIE MILSCHEWSKI Y ARDEN JOE PLOCHER y CHRIS FUNKHOUSER Y JOEL FRIEDERS DIANE TEELING Y SEAVER TARULIS y Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this a 5 day of , 2017. r I MAY R Attes cc X 'Z—'/ Ci Clerk Resolution No.2017-a oZ Page 2 a STATE OF ILLINOIS Sponsor: United City of Yorkville Department of Natural Resources Project Amendment:#: AMENDMENT TO PROJECT AGREEMENT THIS AMENDMENT TO Project Agreement# OS 13-1864 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: That the above mentioned Agreement is amended by adding rhe following:The project end date &extended from December 31.2017,until;December 31.2018. This is a one year extension. That the rationale for making the contract amendment is as follows: [X] The circumstances that necessitate the change in performance were not reasonably foreseeable at the time the contract was signed. [X] The change is germane to the original contract as signed. [X] The circumstances that necessitate the change in performance are in the best interest of the unit of State or local government and authorized by law, Specific circumstances requiring this amendment are: Requesting this extension due to discovering, soil contamination at the Bicentennial Riverfront Park in the proposed playground location. The contamination under the playground location was an unforeseen issue at the time of grant being signed and needs to be resolved before installation of the playground and complete the grant. A copy of the letter request from the grantee 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. + r PROJECT SPONSOR STATE OF ILLINOIS V 1,4 1IT-0 Cf TI( Of '011Z L VI GL,E IL Department of Natural Resources (Ag ncy) (Agency) L�,l,ns r S n (Signature) . ector-Signature) ___ "► Y .5 , eNo t.u45k" ( Wayne Rosenthal (Name) (Director-Name) MAYOR- Date:_ � (Title) t Required additional signatures for contracts and contract (Date) renewals totaling$250 000 more per 30 ILCS]05I9.02. (DNR Chief Legal Counsel-Signature)Date Gabriel T.Grosboll NR Chief legal Counsel-Name) 1 (DNR thiief Fiscal Officer-Signat D to Doug Florence ( )IDNR Copy APPROVED FORPECUTtON Chief Fiscal Officer-Name) ( )Sponsor Copy Date: l� Legal Counsel: Exhibit A United City of Yorkville t 800 Game Farm Road EW. . us Yorkville, Illinois 60564 Telephone: 630-553-4350 1Nmr%,.yorkvilleJl.us Judy Batter Grants Administrator Dept.ofNatural Resources Division Of Grants One Natural Resources Way Springfield iL. 62702-1272 One(1)Year Extension Request for tate OS 13-1564 Yorkville Bicentennial Riverfront Park Grant Dem Ms.Bauer The United City of Yorkville Parks and Recreation Department is fimmally i"uesting a one(1) year extension of the OS 13-1$64 Yorkville Bicentennial Riverhont Park Grant,set to expire on 12-31-2017,to now expire on 12-31-2018.In order to complete the project and fulfill the grant, we are requesting this extension due to discovering,unfortunately,soil contamination at the Bicentennial Riverfsont Part:in the proposed playground location.The contamination under the playground location was an unforeseen issue at the time of grant being signed and obviously needs to be resolved before we can install the playground and complete the Grant We anticipate all ofthe grant amenities being installed and completed by November 2018,with all reimbursement paperwork submitted in December,2018. Please feel free to call or e-mail if you have any additional questions. Thank you for the oonsideration Timothy V.Evans,CPRP Director of Parks and tion United City of Yorkville Parks and Recreation Department 630-553-4357 tevans@yorkvilla.il.us Like the Parks and Recreation Department at Facebook.comiYorkvilleParksandRec Visit and register for classes at:w A w.vorkvillcmrk-mdrecreation.com York-ville Riverfront Park Project and Grant Outline - Soil restoration spring of 2017. ADA canoelkayak launch access summer of 2017. - ADA fishing pier,summer 2017. - Asphalt paving of playground parking,access drive,and etc. - installation of ADA playground,fall 2017. - Install brick sitting areas adjacent to playground area,summerlfell 2017. - Lighting extension.fall 2017. - Rinse off shower portable changing area,fall 2017. - Small picnic shelter,springlsutnmer 2018. Woodland restoration.spring/summer 2018. Repair brick stairs on existing shelter,summer/fall 2018. TAXPAYER IDENTIFICATION NUMBER Attachment A I certify that 1. The number shown on this form is my correct taxpayer identltication number(or I am waiting for a number to be issued to me),and 2. 1 am not subject to backup withholding because:(a)I am exempt from backup withholding,or(b)I have not been notified by the Internal Revenue Service(IRS)that I am subject to backup withholding as a result of a failure to report all interest or dividends,or(c)the IRS has notified me that I am no longer subject to backup withholding,and 3. 1 am a U.S.person(including a U.S.resident alien). • If you are an indAMust,enter your name and SSN as it appears on your Social SecLk*Card. • if you are a sok proprietor,enter the owners name on the name One fotfow+ed by the name of the business and the owner's SSN or EIN. • N you are a sh ie-member LLC that is disregarded as an entity separate from its owner,enter the owner's name on the name rms and the dWWe on the business name fine and enter the owner's SSN or EIN. • if the LLC Is a corporation or partnership,enter the entity's business name and EIN and for corporations,attach IRS acceptance letter(CP261 or CP277). For ail other entities,eider the name of the entity as used to apply for the entilys EIN and the EIN. Name: U tS tTC Q C—Y b�F YO 9 V_V I LL.E- or Business Name: Taxpayer identification Number: Social Security Number or Employer identification Number 'No- {o0obtIo Legal Status(check one): ❑ individual R9 Governmental ❑ Sole Proprietor ❑ Nonresident alien ❑ Partnership ❑ Estate or trust ❑ Legal Services Corporation ❑ Pharmacy(Non-Corp.) ❑ Tax-exempt ❑ Pharmacy/Funeral Home/Cemetery(Corp.) ❑ Corporation providing or billing ❑ Limited Liability Company(select applicable tax medical and/or health care services classification) ❑D=disregarded entity ❑ Corporation NOT providing or billing ❑C=corporation medical and/or health care services ❑P=partnership Signature: Date: 4 Id 5 117 Revision 6-10-09 Page 1 of 4 t STANDARD CERTIFICATIONS Vendor acknowledges and agrees that compliance with this section and each subsection for the term of the contract and any renewals is a material requirement and condition of this contract. By executing this contract Vendor certifies compliance with this section and each subsection and is under a continuing obligation to remain in compliance and report any non-oompliance, This section,and each subsection,applies to subcontractors used on this contract.. Vendor shall include these Standard Cerfiflcaations in any subcontract used in the performance of the contract using the Standard Subcontractor Certification form provided by the State. It this contract extends over multiple fiscal years including the initial term and all renewals,Vendor and Its subcontractors shad confirm compliance with this section in the manner and format determined by the State by the date specified by the State and in no event later than July 1 of each year that this contract remains in effect. If the Parties determine that arty certification in this section is not applicable to this contract it may be stricken without affecting the remaining subsections. 1. As part of each certification,Vendor acknowledges and agrees that should Vendor or its subcontraiclors provide false Information,or fad to be or remain in compliance with the Standard Certification requirements,one or more of the following sanctions will apply: • the contract may be void by opera#ion of law, • the State may void the contract,and • the Vendor and it subcontractors may be subject to one or more of the following:suspension,debarment,denial of payment, civil fine,or criminal penalty. Identifying a sanction or failing to identify a sanction in relation to any of the specific certifications does not waive imposition of other sanctions or preclude application of sanctions not specifically identified. 2. Vendor car6fies it and its employees will comply with applicable provisions of the U.S.Civil Rights Act,Section 504 of the Federal Rehabilitation Act, the Americans with Disabi"fities Act(42 U.S.C. § 12101 et seq.) and applicable nudes in performance under this contract. 3. Vendor certifies it is not in default on an educational loan (5 LCS 385/3). This applies to individuals, sole proprietorstwps, partnerships and individuals as members of LLCs. 4. Vendor(d an individual, sole proprietor,partner or an individual as member of a LLC)certifies ti has not received an(i)an early retirement incentive prior to 1993 under Section 14-108.3 or 16-133.3 of the Illinois Pension Code,40 ILLS 5/14-108.3 and 40 ILCS 5116-133.3,or(Ii)an early retirement Incentive on or after 2002 under Section 14.1013.3 or 16-133.3 of the Illinois Pension Code,40 iLCS 5/14-108.3 and 40 ILCS 5/16-133,(30 ILCS 105115a). 5. Vendor certifies it is a property formed and existing legal entfiy(30 ILCS 50011.15.80,20.43);and as applicable has obtained an assumed name oerfrfroate from the appropriate authority,or has registered to conduct business in Olinois and is In good standing with the ddrrois Secretary of State. 6. To the extent there was a incumbent Vendor providing the services covered by this oontract and the employees of that Vendor that provide those services are covered by a collective bargaining agreement,Vendor certifies 0 that it will offer to assume the collective bargaining obligations of the prior employer,including any existing collective bargaining agreement with the bargaining representative of any existing collective bargaining unit or units performing substantially similar work to the services covered by the contract subject to its bid or offer, and (ii) that it shall offer employment to all employees currently employed in any existing bargaining unit performing substantially similar work that will be performed under this contract(30 ILCS 500125-80). This does not apply to heating,air conditioning, plumbing and electrical service contracts. 7. Vendor certifies it has not been convicted of bribing or attempting to bribe an officer or employee of the State of Illinois or any outer State,nor has Vendor made an admission of guilt of such conduct that is a matter of record(30 ILCS 500150-5). 8. if Vendor has been convicted of a felony, Vendor certifies at least five years have passed after the date of completion of the sentence for such felony,unless no person held responsible by a prosecutor's off foe for the facts upon which the convltiion Was based continues to have any Involvement with the business(30 ILCS 500150-10). Page 2 of 4 9. If Vendor,or any officer,director,partner,or other managerial agent of Vendor,has been convicted of a felony under the Sarbanes- Way Act of 2002,or a Class 3 or Class 2 felonry under the Illinois Securities Law of 1953,Vendor certifies at least five years have passed since the date of the conviction. Vendor further certifies that it is not barred from being awarded a contract and acknowledges that the State shall declare the contract void 0 this certification is false(30 ILCS 500150-10.5). 10. Vendor certifies it is not barred from having a contract with the State based on violating the prohibition on providing assistance to the state in identifying a need for a contract(except as part of a public request for information process)or by reviewing,drafting or preparing solicitation or similar documents for the State(30 ILCS 500!50-10.5e). 11. Vendor certifies that it and Its affiliates are not delinquent in the payment of any debt to the State(or 9 delinquent has entered into a deferred payment plan to pay the debt), and Vendor and its afflthtes acknowledge the State may dedare the contract void if this certification is false (30 ILCS 500150-11) or t Vendor or an affiliate later becomes delinquent and has not entered into a deferred payment plan to pay off the debt(30 ILCS 500/50.60). 12. Vendor certifies that it and all affiliates shall colied and remit Illinois Use Tax on all sales of tangible personal property into the State of Illinois in accordance with provisions of the Illinois Use Tax Act(30 ILCS 500150-12)and acknowledges that falure to comply can result in the contract being declared void. 13. Vendor certifies that it has not been found by a court or the Pollution Control Board to have committed a wilful or knowing violation of the Environmental Protection Act within the last five years,and is therefore not barred from being awarded a contract(30 ILCS 5050- 14). 14. Vendor c artifies it has not paid any money or valuable thing to induce any person to refrain from bidding on a State contract,nor has Vendor accepted any money or other valuable thing,or acted upon the promise of same,for not bidding on a State contract(30 ILCS 5050-25)., 15, Vendor certifies it is not in violation of the'Revolving Dom`section of the Illinois Procurement Code(30 ILCS 5150-30). 16. Vendor certifies that it has not retained a person or entity to attempt to influence the outcome of a procurement decision for compensation contingent in whole or in part upon the decision or procurement(30 ILCS 500!50-38). 17. Vendor certifies it will report m the llnols Attorney General and the Chief Procurement Officer any suspected collusion or other anti- competitive practice among any bidders,offerors,contractus,proposers or employees of the State(30 ILCS 500150.40.5045,50-50). 18. In accordance with the Steel Products Procurement Act,Vendor certifies steel products used or supplied in the performance of a contract for public works shall be manufactured or produced In the United States, unless the executive head of the procuring agency grants an exception(30 ILCS 565). 19. a)If Vendor employs 25 or more employees and this contract is worth more than$M,Vendor certifies it will provide a drug free workplace pursuant to the Drug Free Workplace Act. IJ) If Vendor is an individual and this contract is worth more than$50M Vendor shall not engage in the unlawful manufacture, distribution,dispensation,possession or use of a controlled substance during the p edormance of the contract(30 ILCS 580). 20. Vendor certifies that nether Vendor nor any substatrtially owned affiliate is participating or shall participate in an Irdemational boycott in violation of the U.S. Export Administration Act of 1979 or the aWicable regulations of the U.S. Department of Commerce. This applies to contracts that exceed$10,000(30 ILCS 584 21. Vendor certifies it has not been convicted of the offense of bid rigging or bid rotatirrg or any similar offense of any state or of the United Stain(720 ILCS 5133 E-3,E4). 22. Vendor certifies it complies with the Illinois Department of Human ft his Act and rules applicable to public contracts,including equal employment opportunity,refraining from unlawful discrimination,and having written sexual harassment policies(775 ILCS 512105). 23. Vendor certifies it does not pay duos to or reimburse or subsidize payments by is employees for any dues or fees to any "discriminatory club'(775 ILCS 2512). Page 3of4 24. Vendor certifies it complies with the State Prohibition of Goods from Forced Labor Act, and certifies that no foreign-made equipment,materials,or supplies furnished to the State under the contract have been or will be produced in whole or in part by forced labor,or indentured labor under penal sanction(30 ILCS 383). 25. Vendor certifies that no foreign-made equipment, materials, or supplies furnished to the State under the contract have been produced in whole or in part by the labor or any child under the age of 12(30 ILCS 584). 26. Vendor certifies that It is not in violation of Section 50-14.5 of the Illinois Procurement Code (30 ILCS 500150.14.5)that states: "Owners of residen6ial buildings who have committed a willful or knowing violation of the Lead Poisoning Prevention Act(410 ILCS 45) are prohibited from doing buses with the State until the violation is mitigated". 27. Vendor warrants and certifies that it and,to the best of its knowledge,its subcontractors have and will comply with Erse live 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 ane purpose any former State employee who had procurement authority at any time during the one-year period preceding the procurement lobbying activity. 28. Vendor ceffies that information technology, including electronic information, software, systems and equipment, developed or provided under this contract will comply with the applicable requirements of the Illinois Information Technology Accessibility Act Standards as published at www.dhs.stateAus/ifla&—(30 ILCS 587) 29. Vendor certifies that it has read, understands, and Is in compliance with the registration requirements of the Elections Code(10 ILCS 519-35)and the restrictions on making political contributions and related requirements of the Illinois Procurement Code(30 ILCS 500120-160 and 50-37). Vendor will not make a police] contribution that will violate these requirements. These requirements are 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 terra, whichever Is longer. In accordance with section 20-160 of the Illinois Procurement Code,Vendor certifies as applicable: ® Vendor is not required to register as a business entity with the State Board of Elections. or ❑ Vendor has registered and has attached a copy of the offtcral cerate of registration as issued by the State Board of Elections. As a registered business entity,Vendor acknowledges a continuing duty to update the registration as required by the Act. VENDOR(show Company name and DBA) UA M-F-D CL-TY OF Y©>214Vtl.LE Signature GJ'vf Pring Name C'1 A R "/J.' C o L-I N S k l Ti---j A,j0' P, Date a 117 Address_ $M GAW1E. :PA CrA RQAD YaRx.41L.L-F, LL (c09560 Page 4 of 4