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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The LPA will subrnit fo the STATE a complete and detailed fina(invoice with appticable supparting dacumentatian of atf incurred costs, less previaus payments,no later than twelve(12)manths from the date of completion of this phase of the improvement or from the date of the previous invoice,which ever occurs first. tf a final invoice is not received within this time frame,the most recent invoice may be cansidered the final invoice and the obligation of fhe funds ctosed. {25} The LPA shall pravide the final report io the appropriate STATE district within twelve months of the physical completion date of the praject sa#hat the report may be audi#ed and approved for payment. If the deadline cannot be met,a written explanatian must be provided ta the district priar to the snd of the twetve man#hs documenting the reason and the new anticipated date of cornpletion. tf the extended deadline is not met,this process must be repeated until the project is closed. Failure to follow this process may resuit in the immediate close-out of the project and loss af further funding. (26) (Single Audit Requirements) That if#he LPA expends$750,000 or more a year in federal financial assistance they shall have an audit made in accardance wi#h 2 CFR 200. L.PAs expending less than$750,000 a year shall be exempt from compliance. A copy af the audit report must 6e submiifed ta fhe STATE{Office af Finance and Administrafian,Rudit Coordination Section,2300 South Dirksen Parkway, Springfield, Illinois,62764),within 30 days after the campletian of the audit, but no later than one year after the end of the l.PA's frscal year. The CFDA nu►nber for all highway planning and constructian activities is 20.205. Federal funds utilized far constructon activities on projects let and awarded by the S7ATE(denoted by an"X"in the State Contract field at the top of page'E}are not included in a�PA's calculafion of federal funds expended by the�PA for Single Audif purposes. (27) That the LPA is required to register wi#h the System for Award Management or SAM(formerly Centraf Contraetor Registration (CCR}},which is a web-enabled government-wide apptication that co8ecfs,validafes,stores,and disseminates business information about the federal governmenYs trading partners in support of the contract award and the electronic payment processes. To register or renew, please use the following website: htt�s_lJwww.sam,qavlportalJpubliclSAM1#1. The LPA is also required to obtain a Dun&Bradstreet(D&B}D-U-N-S Number. This is a unique nine digit number required to identif}+subrecipients of federal funding. A D-U-N-S number can be abtained at the follawing website: http://fedqav.dn b.com/we bform. THE STATE AGREES: (1} To provids such guidance,assistance and supervision and to mani#or and perform audits to the extent necessary to assure validity of#he LPA's certification of compliance with i"itles II and ill requirements. (2} {State Contracts} To receive bids for the construc#ion of#he proposed impravsment when the plans have been approved by the STATE(and FHWA,if required}and to award a con#ract for construcfion of fhe propased improvemenf,after receipt of a satisfactory bid. (3} {Day Labor} Ta aufhorize#he L.PA to praceed with the consfructian of the improvement when Agraed Unit Prices are approved,and to reimburse the LPA for that portion af the cost payable from Federal and/or State funds based on the Agreed Unit Prices and Engir�eer's Payment Estimates in accortfance with the Qivision af Cast an page one. (4) (Local Cantracts) For agreements wi#h Federal and/ar State funds in engineering, right-of-way,utility work and/or construction wark: (a) To reimburse the LPA for the Federal and/or S#ate share on the basis of periodic billings, provided said billings contain sufficient cast informa#ion ar►d shaw evidence af payment by the LPA; (b) To pravide independent assurance sampling,to furnish off-site material inspection and testing at sources normally visited by STA7E inspectors of steel,cement,aggregate,structural steel and other materials customarily tested by the STATE. tT 1S MUTUALLY AGREED: (1} Consfruction af the project will utilize damestic steel as required by Section 106,Q1 of the current edition af the Standard Specificatians for Road and Bridge Canstruction and federal Buy America provisions. (2} That this Agreement and#he covenants confained herein shaEl become nul!and void ir�the event fhat the FNWA does nat approve the propased improvement for Federal-aid participation within one(1)year of#he date af execution af this Agreement. (3} This Agreement shall be binding upon the parties,#heir successars and assigns. (4} For contracts awarded by fhe I.PA,the LPA shall not discriminate an the basis a#race,calor,national origin or sex in the award and performance of any USDOT—assisted contract or in the administration of its DBE pragram ar the requirements of 49 CFR part 26. The LPA shall take all necessary and reasonable steps under 49 CFR part 26 to ensure nondiscriminafion in the award and administratian of USD�T—assisted contracts. The I.PA's DSE program,as required by 49 CFR part 28 and as approved by USDOT, is incorporated by reference in this Agreement. Upon natificatian to the recipient of its failure to carry out its approved program,the STA3E may impose sanctions as provided for under part 26 and may,in appropriate cases,refer the mat#er far Printed 8/13/2019 Page 4 of 5 BLR 05310(Rev.01/29/18}