Illinois Administrative Code › Title 17 - CONSERVATION › Part 3035 - BOAT ACCESS AREA DEVELOPMENT PROGRAM › Section 3035.70 - Program Compliance Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
a) The land to be used in development of boat
			 access areas must be owned in fee simple or leased by the Local Agency. The
			 Local Agency must provide proof of ownership or lease before plans for the
			 facility can proceed. The term of the lease is determined by the amount of the
			 contract.
b) For projects receiving
			 assistance to acquire land for a boat access area, an independent appraisal
			 must be completed by the sponsoring agency and certified by the Department to
			 establish a fair market value for the project property. The appraisal must be
			 completed to Department specifications using the Uniform Standards of
			 Professional Appraisal Practice (USPAP) (2006), available from The Appraisal
			 Foundation, 1155 15th Street NW, Suite 1111,
			 Washington D.C. 20005, (202) 347-7722,
www.appraisalfoundation.org
or the
			 Uniform Appraisal Standards for Federal Land Acquisitions (2000), available
			 from the Appraisal Institute, 550 Van Buren Street, Suite 1000, Chicago IL
			 60607, (312) 335-4100,
www.appraisalinstitute.org
. Applicants
			 should contact DNR for more specific information or applicable appraisal
			 materials. Title to any property for which grant reimbursement is sought shall
			 not be taken nor payment made for such property by the sponsoring agency before
			 Department approval is received. Grant payment shall be limited to no more than
			 90% reimbursement of the certified fair market value and in no case shall
			 exceed actual cash payment for the property.
c) Land acquired with grant assistance must
			 be subsequently developed as a public boat access area in general accordance
			 with the approved project application proposal within 3 years following the
			 date title is secured for the property. Failure to improve the property for
			 such use within the 3 year time period shall result in the property being
			 considered "converted" from its intended use necessitating remedial action, as
			 specified in subsection (p) by the Local Agency.
d) The Local Agency is required to enter into
			 a Standard Agreement with the Department in an amount agreed upon by the Local
			 Agency and the Department as that necessary to complete the Department's share
			 of project costs. Any costs incurred in the development and construction of the
			 facilities in excess of the specified amount shall be paid by the Local
			 Agency.
e) The Local Agency shall
			 employ a competent engineering or architectural firm to develop necessary plans
			 and specifications and to provide all other necessary design and construction
			 supervision services for an approved project. The Department may waive this
			 requirement if the Local Agency possesses duly licensed and qualified in-house
			 engineering and/or architectural staff capable of performing such
			 services.
f) If the Local Agency,
			 by its unilateral action, terminates the project at any point short of its
			 completion, the Local Agency shall be liable for all costs incurred and all
			 monies forwarded to the Local Agency related to the project. The Local Agency
			 shall agree to indemnify the Department and hold it harmless from any and all
			 liability.
g) The Local Agency
			 shall present to the Department, upon request, all plans, specifications,
			 contracts or documents and cost estimates for all work to be done by a
			 specified date. If this date cannot be met, it will be the responsibility of
			 the Local Agency to show cause in writing to the Department. The plans and
			 specifications shall contain the seal and signature of a registered
			 Professional Engineer or Architect as the case may be. The Local Agency shall
			 provide documentation to the Department, upon request, that advertised bids
			 were published for all work to be completed through public letting for
			 competitive bids and all bidding tabulations shall be submitted to the
			 Department, upon request, for approval of the lowest qualified bid. The Local
			 Agency shall be responsible for the completion of the project within the time
			 period specified in the contract.
h) The Local Agency shall insert as an
			 integral part of any contract with the approved bidder the following
			 provisions:
1) That the contractor shall
			 abide by and comply with all applicable local, State and federal laws in
			 connection with contracts involving public funds, the construction or
			 development of public buildings, works or facilities.
2) That the contractor shall furnish to the
			 Local Agency and the Department, upon request, performance bonds with surety or
			 sureties, with penalty or loss clauses, relating to the construction of the
			 proposed facilities and any losses or damages arising out of, or by virtue of
			 the construction by the contractor of the specified boat launching facilities,
			 insuring, benefitting and protecting the Local Agency and the
			 Department.
3) That the contractor
			 shall personally and individually agree to furnish evidence of insurance,
			 indemnify, protect, defend at its own cost, and hold harmless the Local Agency
			 and the Department from and against all losses, damages, injuries, costs,
			 expenses or claims to or by persons or property arising out of, through, under
			 or by virtue of the construction and development of the specified boat
			 launching or access facilities.