R2009-21 APPROPRIATING FUNDS FOR AGREEMENT WITH ILLINOIS DEPARTMENT OF TRANSPORTATION

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, �15) , And ce�tifies to the best of its knowledge and belief its officials: � ' �(a) are not presently debarred,suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered � transactions by any Federal department or agency; (b) have not within a thre�year period preceding this Agreement been convicted of or had a civil judgment rendered against them for commission of fraud a a criminal offense in connection with obtaining, attempting to obtain or performing a public(Federal, State or local)transaction or contract under a public transadion;violation of Federal or State antitrust statutes or commission of embezzlement,theft,forgery, bribery,falsification or destruction of records,making false statements receiving stolen property; (c) are not presently indicted for or othervvise criminally or civitly charged by a governmental entity(Federal,State, local)with commission of any of the offenses enumerated in item(b)of this certification; and (d) have not within a three-year period preceding the Agreement had one or more public transactions(Federal,State, local) terminated for cause or default. (16) To include the certifications,listed in item 15 above and all other certifications required by State statutes,in every contract, induding procurement of materials and leases of equipment. (17) (State Contracts) That execution of this agreement constitutes the LA's concurrence in the award of the construction contract to the responsible low bidder as determined by the STATE. (18) That for agreements exceeding$100,000 in federal funds,execution of this Agreement constitutes the LA's certification that: (a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,to any person for influencing or attempting to influence an officer or employee of any agency,a Member of Congress,an officer or`employee of Congress or any employee of a Member of Congress in connection with the awarding of any Federal contract,the making of any cooperative agreement,and the extension,continuation,renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement; (b) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency,a Member of Congress,an officer or employee of Congress or an employee of a Member of Congress, in connecGon with this Federal contract,grant, loan or cooperative agreement,the undersigned shall complete and submit Standard Form-LLL, "Disclosure Fam to Report Lobbying", in accordance with its instructions; (c) The LA shall require that the language of this certification be included in the award documents for all subawards at all ties (including subcontracts,subgrants and contracts under grants, loans and cooperative agreements)and that all subrecipients shall certify and disclose accordingly. (19) To regulate parking and traffic in accordance with the approved project report. (20) To regulate encroachments on public right-of-way in accordance with current Illinois Compiled Statutes. (21) To regulate the discharge of sanitary sewage into any storm water drainage system constructed with this improvement in accordance with current Illinois Compiled Statutes. (22) That the LA may invoice the STATE monthly for the FHWA and/or STATE share of the costs incurred for this phase of the improvement. The LA will submit supporting documentation with each request for reimbursement from the STATE. Supporting documenta6on is defined as verification of payment,certified time sheets,vendor invoices, vendor receipts,and other documentation supporting the requested reimbursement amount. (23) To complete this phase of the project within three years from the date this agreement is approved by the STATE if this poRion of the project described in the Project Description does not exceed$1,000,000(five years if the project costs exceed$1,000,000). (24) Upon completion of this phase of the improvement,the LA will submit to the STATE a complete and detailed final invoice with all applicable supporting supporting documentation of all incurred costs,less previous payments, no later than one year from the date of completion of this phase of the improvement. If a final invoice is not received within one year of completion of this phase of the improvement,the most recent invoice may be considered the final invoice and the obligation of the funds closed. (25) (Single Audit Requirements) That if the LA receives$500,000 or more a year in federal financial assistance they shall have an audit made in accordance with the Office of Management and Budget(OMB)Circular No. A-133. LA's that receive less than $500,000 a year shall be exempt from c�mpliance. A copy of the audit report must be submitted to the STATE with 30 days after the completion of the audit, but no later than one year after the end of the LA's fiscal year. The CFDA number for all highway planning and construction activities is 20.205. THE STATE AGREES: (1) To provide such guidance,assistance and supervision and to monitor and perform audits to the extent necessary to assure validity of the LA's certification of compliance with Titles II and III requirements. (2) (State Contrads) To receive bids for the construction of the proposed improvement when the plans have been approved by the STATE(and FHWA,if required)and to award a contract for construdion of the proposed improvement,after receipt of a satisfactory bid. (3) (Day Labor) To authorize the LA to proceed with the construction of the improvement when Agreed Unit Prices are approved and to reimburse the LA for that portion of the cost payable from Federal and/or State funds based on the Agreed Unit Prices and Engineer's Payment Estimates in accordance with the Division of Cost on page one. (4) (Local Contracts) That for agreements with Federal and/or State funds in engineering, right�f-way, utiliry work and/or construction work: Printed on 2/25/2009 Page 3 of 4 BLR 05310(Rev.03/26/08)