Laserfiche WebLink
DocuSign Envelope ID: 3068A826-D9DD-44A9-A383-16200B061238 <br /> Agreement No.23-1439-39187 <br /> out In the Definitions and Coverage sections of the rules implementing Executive Order 12549. <br /> The Grantee agrees that it shall not knowingly enter into any lower tier covered transaction with a person who is <br /> debarred, suspended, declared ineligible or voluntarily excluded from participation in this covered transaction, unless <br /> authorized, in writing, by the Grantor. The Grantee agrees that it will include the clause titled "Certification Regarding <br /> Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," provided by the Grantor, <br /> without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. The <br /> Grantee may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not <br /> debarred, suspended, ineligible or voluntarily excluded from the covered transaction, unless the Grantee knows the <br /> certification is erroneous. The Grantee may decide the method and frequency by which it determines the eligibility of its <br /> principals.The Grantee may, but is not required to, check the Non-procurement List. If the Grantee knowingly enters into <br /> a lower tier covered transaction with a person who is suspended, debarred, ineligible or voluntarily excluded from <br /> participation, in addition to other remedies available to the federal government, the Grantor may terminate this <br /> Agreement for cause or default. <br /> Nothing contained in this section shall be construed to require establishment of a system of records in order to render in <br /> good faith the certification required by this section. The knowledge and information of the Grantee is not required to <br /> exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. <br /> Drug Free Workplace.The Grantee certifies that it will comply with the requirements of the federal Drug Free Workplace <br /> Act, 41 U.S.C. 702 as amended, and 49 CFR 32. <br /> Disadvantaged Business Enterprise A:5surance. In accordance with 49 CFR 26.13(a), as amended,the Grantee assures <br /> that it shall not discriminate on the basis of race, color, national origin, or sex in the implementation of the project and in <br /> the award and performance of any third party contract, or subagreement supported with Federal assistance derived from <br /> the U.S. DOT or in the administration of its Disadvantaged Business Enterprise (DBE) program or the requirements of 49 <br /> CFR Part 26, as amended. The Grantee assures that it shall take all necessary and reasonable steps set forth in 49 CFR <br /> Part 26, as amended, to ensure nondiscrimination in the award and administration of all third party contracts and <br /> subagreements supported with Federal assistance derived from the U.S. DOT. The Grantee DBE program, as required <br /> by 49 CFR Part 26, as amended, will be incorporated by reference and made a part of this Agreement for any Federal <br /> assistance awarded by FHWA or U.S. DOT. Implementation of this DBE program is a legal obligation of the Grantee, <br /> and failure to carry out its terms shall be treated as a violation of the Agreement. Upon notification by the Federal <br /> Government or the Gratee to the Grantee of its failure to implement its approved DBE program, the U.S. DOT may <br /> impose sanctions as provided for under 49 CFR Part 26, as amended, and may in appropriate cases, refer the matter for <br /> enforcement under 18 U.S.C. 1001, as amended, and/or the Program Fraud Remedies Act, 31 U.S.C. 3801 et seq., as <br /> amended. <br /> Assurance of Nondiscrimination on the Basis of Disability. As required by U.S. DOT regulations, "Nondiscrimination on <br /> the Basis of Handicap in Programs and Activities Receiving or Benefiting from Federal Financial Assistance," at 49 CFR <br /> 27.9, the Grantee assures that, as a condition to the approval or extension of any Federal assistance awarded by FHWA <br /> to construct any facility, obtain any rolling stock or other equipment, undertake studies, conduct research, or to <br /> participate in or obtain any benefit from any program administered by FHWA, no otherwise qualified person with a <br /> disability shall be, solely by reason of that disability, excluded from participation in, denied the benefits of, or otherwise <br /> subjected to discrimination in any program or activity receiving or benefiting from Federal assistance administered by the <br /> FHWA or any entity within U.S. DOT. The Grantee assures that project implementation and operations so assisted will <br /> comply with all applicable requirements of U.S. DOT regulations implementing the Rehabilitation Act of 1973, as <br /> amended, 29 U.S.C. 794, et seq., and the Americans with Disabilities Act of 1990, as amended,42 U.S.C. 12101 et seq., <br /> and implementing U.S. DOT regulations at 49 CFR parts 27, 37, and 38, and any applicable regulations and directives <br /> issued by other Federal departments or agencies. <br /> Procurement Compliance Certification. The Grantee certifies that its procurements and procurement system will comply <br /> with all applicable third party procurement requirements of Federal laws, executive orders, regulations, and <br /> requirements, as amended and revised. The Grantee certifies that it will include in its contracts financed in whole or in <br /> part with U.S. DOT or FHWA assistance all clauses required by Federal laws, executive orders, or regulations, and will <br /> ensure that each subrecipient and each contractor will also include in its subagreements and its contracts financed in <br /> whole or in part with U.S. DOT or FHWA assistance all applicable clauses required by Federal laws, executive orders, or <br /> State of Illinois <br /> GRANT AGREEMENT FISCAL YEAR 2023/1 18 22 <br /> Page 37 of 41 <br />