R2018-146 Resolution Authorizing Local Public Agency Agreement for Federal Participation with the State of Illinois to Improve the Mound Road West and Middle Bridges over Spring Creek

Home Browse Search

, t Agreement Provisions THE L.PA AGREE�: (1) To acquire in its name,ar in the name of the STA1"E if on the STA7E highway system,all right-of-way necessary for this project in accordance with the r�quirements of Ti#les Il and 111 of the Uniform Reloca#ion Assistance and Real Property Acquisition Policies Act of 1970,and established State policies and procedures. Prior to advertising for bids,#he LPA shall certify ta the STATE that all requirements of Titlss It and!tl of said Uni#orrr►Act have bsen sa#isfied. The disposition of encroachments,if any,witl be caoperativeiy defermined by representatives af the L.PA,and the STATE and the FHWA,if reqnired. (2) Ta provide for a!I util'sty adjustments,and fo regulate the use of the right-of-way of this improvement by utifities,pubkic and private,in accordance with the current UtiBty Accommodation Rolicy for�acal Agency Fiighway and Street Systems. (3) To provide for sunreys and the preparation of ptans for the proposed improvement and engineering supervision during construction af the propased improvement. (4) To retain jurisdiction of the complefed improvement unless specified otherwise by addendurn(addendum should be accompanied by a location map). 1##he improvemenf lacation is currentty under road district jurisdiction,an addendum is required. (5) Ta maintain or cause ta be maintained,in a manner satisfactory to the STATE and the FIiWA,the comple#ed improvem�nt,ar that portion c�f the campisted improvement within its jurisdiction as es#ablisher3 by addendum refarred fo in i#em 4 abave. (6) Ta comply with all applicable Executive Orders and Federal Nighway Acts pursuant to the Equal Employment Opportunity and Nondiscrimination Regulafions required by the U.S.t3epar#ment of Transportation. (7) To maintain,for a minimum of 3 years after final praject close-out by the STATE,adequate books,records and supporting documents ta veriiy the amounts,recipients and uses of att disbursements af funds passing in canjunc#ion with#he cantracf;the cantract and all baoks,records and supporting documents related to the contract shall be available for review and audit by the Auditor General and the department;and the LPA agrees ta coaperate fully with any audit canducted by the Auditar General and #he STATE;and to provide full access to ali relevant materials.Faiiure to maintain the books,records and supporting documents required by this section shall establish a presumption in favar of the STAI'E for the recavery af any funds paid by the STATE under the contract for which adequa#e books,recards and supporfing dacurraentation are rtot available to support their purporfed disbursement. {8} To provide if required,for#he improvemenf of any�aiEroad-highway grade crossing and rail crossing pro#ectian within the limits of the proposed improvement. {9} To comply with Federal requicesnenfs or possibly tose(pactia!or total}Federal participatior�as determined by the FNWA. (10) (State Contracts Only) That the methad of payment designated an page one will be as follows: Metherd A- �u►rt�p Sum Payment. l)pon award of the contracf for this improvemenf,the LPA witl pay ta the STATE within thirty (3p)calendar days of billing, in lump sum,an amount equal to 80%of the LPA's estimated obligation incurred under fhis Agreement. The LPA will pay to the STATE fhe remainde�of the LPA's obligation(including any nonpa�ticipating costs}within fhicty{34} calendar days af billing in a lump sum,upon campletian of the project based on final casts. Method B- Manthly Payments. Upan award of the contract for this improvemenf,the LPA wiil pay to the STATE,a specified amount each month€or an esfimafed period of months,or unti180°Jo of the�PA's estima#ed obligation under the provisions of the Agreement has been paid,and will pay ta the STATE the remainder of the LPA's abligation {includtng any nonparticipating costs)in a lurnp sum,upon completion of the praject based upon final costs, Method C- Pragress Payments. Upon receipt of the con#ractor's first and subsequent progressive bififs far this improvement,the LPA will pay to the STATE within thirfy(30)calendar days of receipt,an amount equal to the L.PA's share of the canstructian cast divicied by the es#imated to#al cost,multiplied by the ac#ual payment{appropriafely adjusted far nonparticipating costs)made to the cantractar until the en#ire obligation incurred under this Agreement has been paid. Failure ta rer�it the payment{s}in a timely manner as required under Methods A,B,ar C,shall atlow the Sl'ATE to iniernally afEset, reduce,or deduct the arrearage from any payment or reimbursement due or about to become due and payable fram the STATE to LPA on this or any other contracf. The STATE,at its sole aption,upo�notice to the LPA,may place the debt into the Nlinois Comptraller's Offset System{15 1LCS 405J10.05}or take such other and furFher action as my be required to recover the debt. (11) (Local Contracts ar Day Labor) 7o pravide ar cause to be provided aU af the initial funding,equipment,labar, material and services necessary ta construcf the complete project. (12) (Preliminary Engineering) In the event that right-of-way acquisitian for,ar actual construction af,the project for which this preliminary engineering is undertaken with Federal participation is not started by the ctose af the tenth fiscal yeaf faliowing the flscaE year in which the p�ojec#is fed�rally authorixed,the L.PA will repay the S7ATE a�y Federal funds received under the terms of this Agreement. (13) (Right-of-Way Acquisition) In th�e event that the actual construction of the project on this right-of-way is not undertaken by the clase of the ttiventieth fiscaf year follnwing the fisca!year in which the projeet is federa{!y authorizsd,the LPA will repay the STATE any Federa[Funds received under the ferms af this Agreement. Printed 11/26/2018 Page 2 of 5 BLR 05310(Rev.01/29h 8)