R2018-127 Resolution Authorizing Local Agency Agreement for Federal Participation with the State of Illinois for the Improvement of Brush College Road over Faries Parkway and the Norfolk Southern Railroad Tracks

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Agreement Provisions THE LPA AGREES: {'i) Ta acquire in its name,or in the name af the BTATE i#on the STATE highway system, all right-of-way necessary far this project in accardance with the requirements of Titles f!and I!f of the Uniform Relacation Assistance and Real Praperty Acquisition Policies Act of 1970,and established State policies and procedures. Prior to advertising for bids,the LPA shall certify to the STATE that all requirements af Titles II and III of said Uniform Act have been satisfied. The disposition of encroachments, if any,will be cooperatively defermined by representatives af the LPA, and the STATE and the FHWA, if required. (2} To provide for all utitity adjustments, and to regulate the use of the right-of-way of this improvement by utilities, public and private,in accordance wi#h the current Utility Accommodation Policy far Local Agency Highway and Street Systems. (3} To provide for surveys and the preparation of plans for the proposed improvement and engineering supervision during construction of the proposed improvement. (4) Ta retain jurisdiction af fhe completed improvement unless specified otherwise by addendum(addendum shauld be accompanied I by a location map}. !f the improvement location is currently under road district jurisdiction,an addendum is required. {5} Ta maintain ar cause to be maintained, in a manner satisfactory to the STATE and the FHWA, the completed impravement, or that portion of the campleted impravement within its jurisdiction as esfablished by addendum referred ta in item 4 above. {6} To comply with all applicab(e Execu#ive Orders and Federal Highway Acts pursuant to the Equat Employment Opportunity and Nondiserimination Regulations required by the U.S. C}epartment of Transpartatian. (7} To maintain,for a minimum of 3 years after final project ciose-out by the STATE, adequate boaks, records and supporting documents to verify the amounts,recipients and uses of a8 disbursements of funds passing in conjunction with the contract;the cantrac#and all books, records and supporting documents related to the contract shall be available#or review and audit by the Auditor General and the department;and the LPA agrees to coaperate fully with any audit conducted by the Auditor General and the BTATE;and to provide full access to all relevant materials. Failure to maintain the baoks, records and supparting documents required by this section shal!establish a presumption in favar of the STATE for the recovery of any funds paid by the STA7E under the contract for which adequate books,records and supporting documentation are not available to suppork their purported disbursement. (8) Ta provide if required,for the improvement of any railroad-highway grade crossing and rai!crossing protection within the limits of the proposed impravement. (9) To comply with Federal requirements or possibly lose(partial or total) Federal participation as determined by the FHWA. (10) {State Contracts Only) That the method of payment designated on page one will be as follows: Method A- Lump Sum Payment. Upan award af the cantract for this improvement,the LPA will pay to the STATE within thirty (30)calendar days of billing, in lump sum,an amount equal ta 80%of the LPA's estimated abligation incurred under this Agreement. The LPA will pay to the STATE the remainder of the LPA's abligation(inciuding any nonparticipating costs}within thirty{30} calendar days of billing in a lump sum, upan campletian af the praject based on final costs. Method B- Monthly Payments. Upon award af the contract for this improvement,the l.PA will pay to the STATE, a specified amount each month far an estimated period of months,or until 8Q°to of the LPA's estimated obligatian under the prqvisions of the Agreement has been paid,and will pay to the STATE the remainder of the LPA's obligation {including any nonparticipating cos#s}in a iump sum, upon campletion af the project based upon final costs. Method C- Pragress Payments. Upan receipt af the contractor's first and subsequent progressive bilis for this improvement,the LPA will pay to the 3TATE within thirty{30}calendar days of receipt,an amaunt equal ta the lPA's share af the construction cost divided by the estimated total cost,multiplied by the actual payment(appropriately adjusted for nonparticipating costs) made to the contractor until the entire obligation incurred under this Agreement has been paid. Failure to remit the payment(s)in a timely manner as required under Methods A, B,ar C,shall allow the S7ATE to internally ofFset, reduce, ar deduct the arrearage from any payment or reimbursement due or about to become due and payable from the STATE to LPA on this ar any ather contract. The STATE, at its sale option, upon notice to the LPA,may place the debt into the(Ilinois Camptrolls�'s Offset Sys#em{1b ILCS 405l10.05)or take such other and further action as my be required ta recover the debt. {11) {Laca!Contrac#s or Day Labor} To pravide ar cause ta be provided ail of the initial funding,equipment,labor, materia(and services necessary ta construct the complete project. (12) (Preliminary Engineering} fn the event that right-af-way acquisition for,or actual canstruction af,the praject for which this preliminary engineering is undertaken with Federa!participation is not started by the close of the tenth fiscal year faHowing the fiscal year in which the project is federally authorized,the LPA will repay the STATE any Federal funds received under the terms of this Agreement. (13} (Right-of-Way Acquisition) In the event that the actual construction af the project on this right-of-way is not undertaken by the close of tha twentieth fiscai year following the fiscal year in which the praject is federal(y authorized,the LPA will repay the STATE any Fedsral Funds received under the terms of this Agreemeni. Printed 9/27/2018 Page 2 of 5 BLR 05310(Rev.01/29/1$) Exhibit A