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

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Agreement Provisions THE LPA AGREES: (1) Ta acquire in its name,or in the name of the STAT�if on the STATE highway system,all right-af-way necessary fQr this project in accocdance with the requirements of Titles li and 1!1 af#he Uniform Relocation Assistance and Real Property Acquisi#ion Policies Act of 1970,and es#ablished State policies and procedures. Prior to advertising for bids,the�PA shalf certify ta the STATE that all requirements of 7itles It and 1!I of said Uniforrri Ac#have been sa#isfied. The disposition of encroachments,if any,will be caaperativefy determined by represenfatives of ihe LPA,and the BTATE and#he FHWA,if required. {2) 7o provide for a!(utility adJ"ustments,and to regula#e the use of the righf-of-way of this improvement by ulilities,public and private,in accordance with the current Utiiity Accommodation Paticy for local Agency Highway and Streef Systems. (3) To provide for surveys and the preparatian of plans for the proposed improvement and eng'sneering supenrision during cc�nstruction of#he proposed improvement. (4) To retain jurisdiction of the completed impravement unless specified othetwiss by addendum(addsndum should be aceompanied by a location map}. 1f the improvement lacafian 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#he F1#WA,the cacnple#ed i�►provement,or that portian of the completed irrtprovemen#within its jurisdiction as es#ablished by addendum referred io in item 4 above. (6) Ta comply with al(applicable Executive Orders and Federal Highway Acts pursuant to the EquaE Empioyment Opportunity and Nondiscrimination Regulations required by the U.S. Department of Transportatirsn. (7) To maintain,for a minimum of 3 years after final project close-out by ths STATE,adequaEe books,records and supporting documsnts#a verify the amounts,recipien#s and uses of alt disbursements of funds passing in conjunc#ion with the cantract;the cont�act and all books,records and supporting documents related to the contract shall be availab{e for review and audit by the Auditor General and the department;and the LPA agrees ta cooperate fulEy with any audit candueted by the Audifor Gefleral and the STATE;and to provide full access to ail reievant materials. Failure ta maintain the books,records and supporting documents required by this section shall establish a presumption in favor of the STATE for the recovery af any funds paid by the STATE under the cantract for which adequate books,records and stapparting dacumentation are not available to suppor#their purpa�ted disbursement. (8} To prauide i#required,far#he impravement of any raitraad-highway grade crossing and rai3 crossing protectian within fhe limifs of the proposed improvement. {9} To comply with Federal requi�ements or possibly lose{part�al or total}Federal pa�ticipation as dete�rnined by the FFiWA. (90) (State Cantracts Only) That the me#hod of payment designated on page ane will be as follows: Methad A- �ump Sum P�ymen#. tlpon award of the contract for this improvement,the LFA wil!pay#a the STATE within thirty (30)calendar days of billing, in lump sum,an amount equal to 80%of the LPA's estimated obligation i�curred under this Agreement. 7he LPA wilt pay to the STRTE fhe remainder of the�.PA's obiiga#iort(including any nonparticipating cas#s}within thirty{30) calendar days of bitling in a iump sum,upon completion of fhe praject based on finai costs. Method B- Monthly Payments. Upon award of the contract for this improvement,the LPA will pay tn the STATE,a specified amaunt sach manth#or an estimated period of monfhs,or unti180°to o#fhe�PA's estima#ed obEigation under the provisions of the Agreement has been paid, and will pay to the STATE the remainder af the LPA's abligation {including any nonparticipating costs)in a lump sum,upan comptetion of the projeet based upan fina!costs. Method G- Progress Payments. Uppn receipt af the con#ractor's firsf and subsequen#progressive bills far this improvement,the LPA will pay to the STATE within thirty(30)calendar days af receipt,an amount equal to the l.PA's share of the construction cost divided by#he estimated total cost,mulfiplied by fhe actual paymen#(apprapriafety adjusted for nonparticipating costs)made to the contractor until the entire obligation incurred under this Agreement has heen paid. Failure ta remit the paymen#{s}in a timely manner as required ur�der Methods A,B,or C,shail allow the STATE to internally affset, reduce,or deduct the arrearage from any payment ar reimbursement due or abaut to become due and payable from the STATE to LPA on this or any other contract. The STATE,at its sote option,upon notice to the LPA,may place the debt inta the Iilinais Comptroller's t}€fset Sys#em{151�CS 445/10.05)ar#ake such ofher and furfher action as my be required ta recover the debt. (11) (Lacal Contracts or Day Labor) To pravide or cause to be provided a!I of the initia!funding,equipment,labar,materiai and services neeessary to construct#he comple#e project. (12) (Preliminary Engineering) In the event that right-of-way acquisition for,or actua!construction of,the praject for which fhis preliminary engineering is undertaken wifh Federal parficipatiort is naf started by fhe cfiose ofi the tenth fisca!year following the fiscal year in which the project is federally authorixed,the t»PA will repay the STATE any Federal funds received under the terms of this Agreement. (13) (Right-of-Way Acquisitian) In the event that the actual construction of the project on this right-of-way is not undertaken by the clase of the twer►tieth fiscal year following the fiscal year in which the project is federatty authorized,the LPA will repay the STATE any Federa!Funds received under the#erms af fhis Agreernenf. Printed 11/26/2018 Page 2 of 5 BLR 05310(Rev.01/29/18)