|
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,
<br /> or deduct the arrearage from any payment or reimbursement due or about to become due and payable from the STATE to the LPA on this
<br /> or any other contract.The STATE at its sole option,upon notice to the LPA,may place the debit into the Illinois Comptroller's Offset
<br /> System(15 ILCS 405/10.05)or take such other and further action as may be required to recover the debt.
<br /> THE LPA AGREES:
<br /> 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
<br /> accordance with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies
<br /> Act of 1970,and established State policies and procedures. Prior to advertising for bids,the LPA shall certify to the STATE that all
<br /> requirements of Titles II and III of said Uniform Act have been satisfied.The disposition of encroachments,if any,will be
<br /> cooperatively determined by representatives of the LPA,the STATE,and the FHWA if required.
<br /> 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,
<br /> in accordance with the current Utility Accommodation Policy for Local Public Agency Highway and Street Systems.
<br /> 3.To provide for surveys and the preparation of plans for the proposed improvement and engineering supervision during construction
<br /> of the proposed improvement.
<br /> 4.To retain jurisdiction of the completed improvement unless specified otherwise by addendum(addendum should be accompanied
<br /> by a location map). If the improvement location is currently under road district jurisdiction,a jurisdictional addendum is required.
<br /> 5.To maintain or cause to be maintained the completed improvement(or that portion within its jurisdiction as established by
<br /> addendum referred to in item 4 above)in a manner satisfactory to the STATE and the FHWA.
<br /> 6.To comply with all applicable Executive Orders and Federal Highway Acts pursuant to the Equal Employment Opportunity and
<br /> Nondiscrimination Regulations required by the U.S.Department of Transportation.
<br /> 7.To maintain for a minimum of 3 years after final project close out by the STATE,adequate books,records and supporting
<br /> documents to verify the amounts,recipients and uses of all disbursements of funds passing in conjunction with the contract.The
<br /> contract and all books,records,and supporting documents related to the contract shall be available for review and audit by the
<br /> Auditor General and the STATE.The LPA agrees to cooperate fully with any audit conducted by the Auditor General,the STATE,
<br /> and to provide full access to all relevant materials.Failure to maintain the books,records,and supporting documents required by
<br /> this section shall establish presumption in favor of the STATE for recovery of any funds paid by the STATE under the contract for
<br /> which adequate books,records and supporting documentation are not available to support their purported disbursement.
<br /> 8.To provide if required,for the improvement of any railroad-highway grade crossing and rail crossing protection within the limits of
<br /> the proposed improvement.
<br /> 9.To comply with Federal requirements or possibly lose(partial or total)Federal participation as determined by the FHWA.
<br /> 10.(Local Contracts or Day Labor)To provide or cause to be provided all of the initial funding,equipment,labor,material and
<br /> services necessary to complete the project.
<br /> 11.(Preliminary Engineering)In the event that right-of-way acquisition for,or construction of,the project for which this preliminary
<br /> engineering is undertaken with Federal participation is not started by the close of the tenth fiscal year following FHWA
<br /> authorization,the LPA will repay the STATE any Federal funds received under the terms of this agreement.
<br /> 12.(Right-of-Way Acquisition)In the event construction has not commenced by the close of the twentieth fiscal year following FHWA
<br /> authorization using right-of-way acquired this agreement,the LPA will repay the STATE any Federal Funds received under the
<br /> terms of this agreement.
<br /> 13.(Railroad Related Work)The LPA is responsible for the payment of the railroad related expenses in accordance with the LPA/
<br /> railroad agreement prior to requesting reimbursement from the STATE. Requests for reimbursement should be sent to the
<br /> appropriate IDOT District Bureau of Local Roads and Streets Office. Engineer's Payment Estimates shall be in accordance with
<br /> the Division of Cost.
<br /> 14.Certifies to the best of its knowledge and belief that its officials:
<br /> a.are not presently debarred,suspended,proposed for debarment,declared ineligible or voluntarily excluded from covered
<br /> transactions by any Federal department or agency;
<br /> b. have not within a three-year period preceding this agreement been convicted of or had a civil judgment rendered against them
<br /> for commission of fraud or a criminal offense in connection with obtaining,attempting to obtain,or performing a public(Federal,
<br /> State or local)transaction or contract under a public transaction;violation of Federal or State antirust statutes or commission of
<br /> embezzlement,theft,forgery,bribery,falsification or destruction of records,making false statements receiving stolen property;
<br /> c.are not presently indicted for or otherwise criminally or civilly charged by a governmental entity(Federal,State,Local)with
<br /> commission of any of the offenses enumerated in item(b)of this certification;and
<br /> d. have not within a three-year period preceding the agreement had one or more public transactions(Federal,State,Local)
<br /> terminated for cause or default.
<br /> 15.To include the certifications,listed in item 14 above,and all other certifications required by State statutes,in every contract,
<br /> including procurement of materials and leases of equipment.
<br /> 16.(STATE Contracts).That execution of this agreement constitutes the LPA's concurrence in the award of the construction contract
<br /> to the responsible low bidder as determined by the STATE.
<br /> 17.That for agreements exceeding$100,000 in federal funds,execution of this agreement constitutes the LPA's certification that:
<br /> a. No federal appropriated funds have been paid or will be paid,by or on behalf of the undersigned,to any person for influencing
<br /> or attempting to influence an officer or employee of any agency,a member of congress,an officer or employee of congress,or
<br /> any employee of a member of congress in connection with the awarding of any federal contract,the making of any cooperative
<br /> agreement,and the extension,continuation, renewal,amendment or modification of any Federal contract,grant,loan or
<br /> cooperative agreement.
<br /> Printed 01/20/21 Page 2 of 6 BLR 05310(Rev.05/29/20)
<br />
|