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� � Agreement Provisions
<br /> THE LPA AGREES:
<br /> (1) To acquire in its name,or in the name of the STA1'E if on the STATE highway system,aA right-of-way necessary for this project in
<br /> accordance with the requ9rements af Titles{I ar�d I!1 af the Uniform Fteloca#ion Assistance and Real Properfy Acquisi#ion Policies Act
<br /> ai 197Q,and established Stafe po(icies and procedu�es. Prior tn advertising for bids,the LPA shall certify to the STATE that all
<br /> requirements c�f 7i#!es II and IN of said Unifarm Act have been satisfied. The dispositian af encroachmenEs,if any,wili be
<br /> coope�ative(y determined by represenfafives af the LPA, and the STATE and#he FHWA,if required.
<br /> {2) Ta provide for a!i utiisty adjustrnents,and to regufate#he use of the right-of-way of this improvement by uEilities,public and private,in
<br /> accordance wifh the current Utiiity Accommodafian Palicy for l.ocal Agency Highway and Stree#Systems,
<br /> {3) Ta provide for surveys and the preparation o#pians for the proposed improvement and engineering supervisian during construction
<br /> of the proposed improvement.
<br /> (4) To retain jurisd[ction of the completed improvement u�less specified othen�vise by addendum{addendum should be accompanied
<br /> by a lacafion map}. If the impravemenf lacatian is currently under raad districf jurisdiction,an addendum is required.
<br /> (5) To maintain or cause ta be maintained,in a manner satisfacfory to the STATE and the FHWA,the completed irnprovement,or that
<br /> pocfion of the cample#ed improvemenf within its jurisdiction as established by addendum refersed ta in itam 4 abave.
<br /> (6) Ta comply with all applicable Executive Orders and Federal Highway Acfs pursuant to the Equa!Employment Opportunity and
<br /> Nonciiscrimination Regulations required by the U.S. Department af Transportatian.
<br /> (7) To maintain,for a minimum af 3 years after final project close-aut by the STATE,adequate books,records and supporting
<br /> documents#a verify the amounts,recipier�#s and uses of a!1 disbursements of funds passing in canjunction with the contract;the
<br /> cantract and all books, records and supporting dacuments related to the contract shall be available for review and audit by the
<br /> Auditor General and Ehe deparkment;and the LPA agress to cooperate fuEly with any auciit conduc#ed by the Auditor Ger�era!and
<br /> the STATE;and to provide full access to all relevant ma#erials. Faiture#o maintain the baoks,records and supparting documents
<br /> required by this sectian shall establish a presumption in favor of the STATE far the recovery of any funds paid by the S7ATE under
<br /> the confract for whieh adequate books,recards and supporfing documentation are nat available to support their purpo�ted
<br /> d'rsbursernent.
<br /> {8) To prouide if required,for the irr�pravement of any raitroad-highway grade crossing and rail crassing protectian within the limifs of
<br /> fhe propased improvement.
<br /> {9) To comply with Federal requiremenfs or possibly lose{partial or tatal)Federal participation as determined by the FNWA.
<br /> (10) (State Cantracts Only) That the method of payment designated on page one will be as follaws:
<br /> Method A- �ump Sum Payment. Upon award of the contract#os this improvement,the LPA wil!pay fo fhe STATE within thirty �
<br /> (30)calendar days of billing, in lump sum,an amount equal to 80°/a of the�PA's estimated obligation incurred under
<br /> this Agreement. The LPA will pay ta the STA7E the remainder of the LPR's obligation(including any nonparticipa#ing
<br /> costs)within thirfy(30) calendar days of billing in a lump sum,upon completion of the projecf based an finafi costs.
<br /> Method B- Mor�thly Payments. Upon award of the contract far this improvement,the LPA will pay to the STATE,a specified
<br /> amount each month for an estima#ed period af monfhs,or unfi180°la a#fhe[.PA's estirr�atsd obligation under the
<br /> pravisions of the Agreement has been paid,and will pay#a the STATE#he remainder of the L.PA's obligatian
<br /> (iricluding any nonpar#icipating costs)in a lurnp sum,upon completian of the praject based upon final costs.
<br /> Method C- Progress Payments. Upon�eceipf of the cantractar's firsf and subsequent progressive bills for this improvement,the
<br /> LPA will pay to the STA7E within thirty(30)calendar days of receipt,an amount equal to the LPA's share of the
<br /> construction cast divided by#he estimated total cost,rnultip#ied by#he acfual payment{apprapriately adjusted for
<br /> nonparticipating costs)made to the contractor until the entire obligation incurred under this Agreement has been paid.
<br /> Failure ta rerr�it the payment{s)in a timely manner as required under Methods A,B,ar C,shalE atlow the STA'FE to intemally offset,
<br /> reduce,ar deduct the arrearage from any paymen#or reimbursement due or about to become due and payable from the STATE to
<br /> LPA on this or any other contract. The STATE,at its sole opfian,upon no#ice to#he LPA,may place the deb#into the lllinois
<br /> Comptroller's 4ffset System(15 ILCS 405114A5}or#ake such ofher and further action as my be required#a recover the debt.
<br /> (11) (Local Contracts or Day Labar) To provide or cause to be provided all af the initial funding,equipmenf,labor, material and senrices
<br /> necessary ta construct#he cc�mplete project.
<br /> (12) (Preliminary Engineering) In the event that right-of-way acquisitian for,or actuat construction of,the project#or which this
<br /> preliminary engineering'ss under#akerr with Federal pa�ticipabon is not sfarted by the ctase af the tenth fisca[year faltowing the fiscaE
<br /> year in which the project is federally auihorized,the LPA will repay the STATE any Federal funds received under#he terms of this I
<br /> Agreement. '
<br /> (13) (Right-of-Way Acquisition) In the event that the actua�canstructinn of the project on this right-of-way is nat undertaken by the close '
<br /> of the twentieth fiscat year follawing the fiscal year in which the project is federal(y authorized,the�.PA wiA repay#he STATE any '
<br /> Federal Funds received under the terms of this Agreement.
<br /> Printed 11/26/2018 Page 2 of 5 BLR p5310(Rev.01/29/18)
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