R2019-116 Resolution Authorizing a Local Public Agency Agreement for Federal Participation for the Relocation of Utilites and the Purchase of Right of Way for the Improvement of Brush College Road over Faries Parkway and the Norfolk Southern Railroad Trac

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Agreement Provisions THE LPA AGREES: (1) To acquire in its name,or in the name of the STATE if on the STATE highway system,all right-of-way necessary for this project in accordance with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property 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 of Titles II and III of said Uniform Act have been satisfied. The disposition of encroachments,if any,will be cooperatively determined by representatives of the LPA,and the STATE and the FHWA,if required. (2) To provide for all utility adjustments,and to regulate the use of the right-of-way of this improvement by utilities,public and private,in accordance with the current Utility Accommodation Policy for 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) To retain jurisdiction of the completed improvement unless specified otherwise by addendum(addendum should be accompanied by a location map). If the improvement location is currently under road district jurisdiction,an addendum is required. (5) To maintain or cause to be maintained,in a manner satisfactory to the STATE and the FHWA,the completed improvement,or that portion of the completed improvement within its jurisdiction as established by addendum referred to in item 4 above. (6) To comply with all applicable Executive Orders and Federal Highway Acts pursuant to the Equal Employment Opportunity and Nondiscrimination Regulations required by the U.S. Department of Transportation. (7) To maintain,for a minimum of 3 years after final project close-out by the STATE, adequate books, records and supporting documents to verify the amounts, recipients and uses of all disbursements of funds passing in conjunction with the contract;the contract and all books, 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 to cooperate fully with any audit conducted by the Auditor General and the STATE;and to provide full access to all relevant materials. Failure to maintain the books, records and supporting documents required by this section shall establish a presumption in favor of the STATE for the recovery of any funds paid by the STATE under the contract for which adequate books,records and supporting documentation are not available to support their purported disbursement. (8) To provide if required,for the improvement of any railroad-highway grade crossing and rail crossing protection within the limits of the proposed improvement. (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. Upon award of the contract for this improvement,the LPA will pay to the STATE within thirty (30)calendar days of billing, in lump sum,an amount equal to 80%of the LPA's estimated obligation incurred under this Agreement. The LPA will pay to the STATE the remainder of the LPA's obligation(including any nonparticipating costs)within thirty(30) calendar days of billing in a lump sum, upon completion of the project based on final costs. Method B- Monthly Payments. Upon award of the contract for this improvement,the LPA will pay to the STATE,a specified amount each month for an estimated period of months,or until 80%of the LPA's estimated obligation under the provisions of the Agreement has been paid,and will pay to the STATE the remainder of the LPA's obligation (including any nonparticipating costs)in a lump sum, upon completion of the project based upon final costs. Method C- Progress Payments. Upon receipt of the contractors first and subsequent progressive bills for this improvement,the LPA will pay to the STATE within thirty(30)calendar days of receipt,an amount equal to the LPA's share of 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,or C,shall allow the STATE to internally offset, reduce,or deduct the arrearage from any payment or reimbursement due or about to become due and payable from the STATE to LPA on this or any other contract. The STATE,at its sole option, upon notice to the LPA,may place the debt into the Illinois Comptroller's Offset System(15 ILCS 405/10.05)or take such other and further action as my be required to recover the debt. (11) (Local Contracts or Day Labor) To provide or cause to be provided all of the initial funding,equipment,labor,material and services necessary to construct the complete project. (12) (Preliminary Engineering) In the event that right-of-way acquisition for,or actual construction of,the project for which this preliminary engineering is undertaken with Federal participation is not started by the close of the tenth fiscal year following 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 of the project on this right-of-way is not undertaken by the close of the twentieth fiscal year following 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. Printed 8/13/2019 Page 2 of 5 BLR 05310(Rev.01/29/18)