R2021-12 Resolution Authorizing a Local Public Agency Agreement for Federal Participation with the State of Illinois to Improve the Center Street Bridge over Stevens Creek SN: 058-3061 City Project 2019-04

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4. (Local Contracts)For agreements with federal and/or state funds in engineering, right-of-way,utility work and/or construction work: a.To reimburse the LPA for federal and/or state share on the basis of periodic billings,provided said billings contain sufficient cost information and show evidence of payments by the LPA; b.To provide independent assurance sampling and furnish off-site material inspection and testing at sources normally visited by STATE inspectors for steel,cement,aggregate,structural steel,and other materials customarily tested by the STATE. IT IS MUTUALLY AGREED: 1. Construction of the project will utilize domestic steel as required by Section 106.01 of the current edition of the Standard Specifications for Road and Bridge Construction and federal Buy America provisions. 2. That this Agreement and the covenants contained herein shall become null and void in the event that the FHWA does not approve the proposed improvement for Federal-aid participation within one(1)year of the date of execution of this agreement. 3. This agreement shall be binding upon the parties,their successors and assigns. 4_ For contracts awarded by the LPA,the LPA shall not discriminate on the basis of race,color,national origin or sex in the award and performance of any USDOT-assisted contract or in the administration of its DBE program or the requirements of 49 CFR part 26.The LPA shall take all necessary and reasonable steps under 49 CFR part 26 to ensure nondiscrimination in the award and administration of USDOT-assisted contracts.The LPA's DBE program,as required by 49 CFR part 26 and as approved by USDOT, is incorporated by reference in this agreement. Upon notification to the recipient of its failure to carry out its approved program,the STATE may impose sanctions as provided for under part 26 and may,in appropriate cases, refer the matter for enforcement under 18 U.S.C 1001 and/or the Program Fraud Civil Remedies Act of 1986(31 U.S.0 3801 et seq.).In the absence of a USDOT-approved LPA DBE Program or on state awarded contracts,this agreement shall be administered under the provisions of the STATE'S USDOT approved Disadvantaged Business Enterprise Program. 5. In cases where the STATE is reimbursing the LPA,obligation of the STATE shall cease immediately without penalty or further payment being required if,in any fiscal year,the Illinois General Assembly or applicable federal funding source fails to appropriate or otherwise make available funds for the work contemplated herein. 6. All projects for the construction of fixed works which are financed in whole or in part with funds provided by this agreement and/or amendment shall be subject to the Prevailing Wage Act(820 ILCS 130/0.01 et seq.)unless the provisions of the act exempt its application. ADDENDA Additional information and/or stipulations are hereby attached and identified below as being a part of this agreement. 1. Location Map 2. Division of Cost 3 LPA Appropriation Resolution ,Add Row; Printed 01/20/21 Page 4 of 6 BLR 05310(Rev.05/29/20)