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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
<br /> all 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
<br /> construction 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. To provide or cause to be provided all of the initial funding, equipment, labor, material, and services necessary to complete locally
<br /> administered portions of the project.
<br /> 11. (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 /> 12. Certifies to the best of its knowledge and belief that it's 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
<br /> them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a
<br /> public(Federal, State or local)transaction or contract under a public transaction; violation of Federal or State anti-trust
<br /> statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false
<br /> statements receiving stolen property;
<br /> c. are not presently indicted for or otherwise criminally or civilly charged by a governmental entity(Federal, State, Local)
<br /> with 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 /> 13. To include the certifications, listed in item 12 above, and all other certifications required by State statutes, in every contract,
<br /> including procurement of materials and leases of equipment.
<br /> 14. That execution of this agreement constitutes the LPA's concurrence in the award of the construction contract to the responsible
<br /> low bidder as determined by the STATE.
<br /> 15. 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
<br /> influencing or attempting to influence an officer or employee of any agency, a member of congress, an officer or
<br /> employee of congress, or any employee of a member of congress in connection with the awarding of any federal
<br /> contract, the making of any cooperative agreement, and the extension, continuation, renewal, amendment or
<br /> Printed 05/03/23 Page 2 of 7 BLR 05310C(Rev.03/13/23)
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