|
Docusign Envelope ID:8C248403-F578-4B55-B948-C45COB82DBF8
<br /> Construction Engineering Right-of-Way
<br /> Local Public Agency Section Number State Job Number State Job Number State Job Number_
<br /> City of Decatur 24-00411-00-RP C-97-110-24 1[_ I E I
<br /> This Agreement is made and entered into between the above local public agency,hereinafter referred to as the"LPA"and the State of
<br /> Illinois acting by and through its Department of Transportation,herein referred to as the"STATE".The STATE and LIDA joint proposes to
<br /> improve the designated location as described in the Location and Project Description sections of this Agreement.The improvement shall
<br /> be developed and constructed in accordance with plans prepared by,or on behalf of the LPA and approved by the STATE using the
<br /> STATE's Motor Fuel Tax policies and procedures.
<br /> L GENERAL
<br /> 1.1 Availability of Appropriation•Sufficiency of Funds.This Agreement is contingent upon and subject to the availability of
<br /> sufficient funds.The STATE may terminate or suspend this Agreement,in whole or in part,without penalty or further payment
<br /> being required,if(i)sufficient funds for this Agreement have not been appropriated or otherwise made available to the LPA by
<br /> the STATE funding source,(Ii)the Governor or STATE reserves funds,or(iii)the Governor or STATE determines that funds will
<br /> not or may not be available for payment.The STATE shall provide notice, in writing to LPA of any such funding failure and its
<br /> election to terminate or suspend this Agreement as soon as practicable.Any suspension or termination pursuant to this Section
<br /> will be effective upon the date of the written notice unless otherwise indicated.
<br /> 1.2 Domestic Steel Requirement Construction of the project will utilize domestic steel as required by Section 106.01 of the
<br /> current edition of the Standard Specifications for Road and Bridge Construction.
<br /> 1.3.Severability.If any provision of this Agreement is declared invalid,its other provisions shall not be affected thereby.
<br /> 1.4.Termination This Agreement may be terminated,in whole or in part,by either Party for any or no reason upon thirty(30)
<br /> calendar days'prior written notice to the other Party.If terminated by the STATE,the STATE must include the reasons for such
<br /> termination,the effective date,and,in the case of a partial termination,the portion to be terminated.If the STATE determines in
<br /> the case of a partial termination that the reduced or modified portion of the funding award will not accomplish the purposes for
<br /> which the funding award was made,the STATE may terminate the Agreement in its entirety.
<br /> This Agreement may be terminated,in whole or in part,by the STATE without advance notice:
<br /> a. Pursuant to a funding failure as provided under Article 1.1
<br /> b. If LPA fails to comply with the terms and conditions of this funding award,application or proposal,including any
<br /> applicable rules or regulations,or has made a false representation in connection with the receipt of this or any
<br /> award.
<br /> II.REQUIRED CERTIFICATIONS
<br /> This Agreement and the LPA's obligations and services hereunder are hereby made and must be performed in compliance with all
<br /> applicable federal and State laws,including,without limitation,federal regulations,State administrative rules and any and all license
<br /> requirements or professional certification provisions.
<br /> 2.1 ri .The LPA certifies to the best of its knowledge that it's officials have not been convicted of bribery or attempting to
<br /> bribe an officer or employee of the state of Illinois,nor made an admission of guilt of such conduct which is a matter of record(30
<br /> ILCS 500/50-5).
<br /> 2.2 Bid Rigging.LPA certifies that it has not been barred from contracting with a unit of state or local government as a result of a
<br /> violation of Paragraph 33E-3 or 33E-f of the Criminal Code of 1961 (720 ILCS 5133E-3 or 720 ILCS 5/33E-4,respectively).
<br /> 2.3 Debt to State.LPA certifies that neither it,nor its affiliate(s),is/are barred from receiving an Award because LPA,or its
<br /> affiliate(s),is/are delinquent in the payment of any debt to the State,unless LPA,or its affiillate(s),has/have entered into a
<br /> deferred payment plan to pay off the debt,and the LPA acknowledges STATE may declare the Agreement void if the certification
<br /> is false(30 ILCS 500/50-11).
<br /> 2.4 Debarment.The LPA 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)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 /> 2.5 Construction of Fixed Works The LPA certifies that all Programs for the construction of fixed works which are financed in
<br /> whole or in part with funds provided by this Agreement shall be subject to the Prevailing Wage Act(820 ILCS 130/0.01 et seq.)
<br /> unless the provisions of that Act exempt its application.In the construction of the Program,the LPA shall comply with the
<br /> Page 2 of 7 BLR 05310S(Rev.05/09/24)
<br />
|