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Agreement Provisions
<br /> THE LA 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 LA shall certify to the STATE that all
<br /> 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 LA,and 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 Agency Highway and Street Systems.
<br /> (3) To provide for surveys and the preparation of plans for the proposed improvement and engineering supervision during construction
<br /> 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,an addendum is required.
<br /> (5) To maintain or cause to be maintained, in a manner satisfactory to the STATE and FHWA,the completed improvement,or that
<br /> portion of the completed improvement within its jurisdiction as established by addendum referred to in item 4 above.
<br /> (6) To comply with all applicable Executive Orders and Federal Highway Acts pursuant to the Equai 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 the completion of the contract,adequate books, records and supporting documents to
<br /> verify the amounts,recipients and uses of ali disbursements of funds passing in conjunction with the contract;the contract and all
<br /> books, records and supporting documents related to the contract shall be available for review and audit by the Auditor General and
<br /> the department;and the LA agrees to cooperate fully with any audit conducted by the Auditor General and the department;and to
<br /> provide full access to all relevant materials. Failure to maintain the books, records and supporting documents required by this
<br /> section shall establish a presumption in favor of the STATE for the 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) (State Contracts Only) That the method of payment designated on page one will be as follows:
<br /> Method A- Lump Sum Payment. Upon award of the contract for this improvement,the LA will pay to the STATE, in lump sum,
<br /> an amount equai to 95%of the LA's estimated obligation incurred under this Agreement, and will pay to the STATE
<br /> the remainder of the LA's obligation (including any nonparticipating costs)in a lump sum, upon completion of the
<br /> project based upon final costs.
<br /> Method B- Monthly Payments. Upon award of the contract for this improvement,the LA will pay to the STATE, a specified �
<br /> amount each month for an estimated period of months,or until 95%of the LA's estimated obligation under the '
<br /> provisions of the Agreement has been paid,and will pay to the STATE the remainder of the LA's obligation (including ',
<br /> any nonparticipating costs)in a lump sum, upon completion of the project based upon final costs. '
<br /> Method C- Progress Payments. Upon receipt of the contractor's first and subsequent progressive bills for this improvement,the
<br /> LA will pay to the STATE, an amount equal to the LA's share of the construction cost divided by the estimated total
<br /> cost, multiplied by the actual payment(appropriately adjusted for nonparticipating costs)made to the contractor until
<br /> the entire obligation incurred under this Agreement has been paid.
<br /> (11) (Day Labor or Local Contracts) To provide or cause to be provided all of the initial funding,equipment, labor, material and services
<br /> necessary to construct the complete project.
<br /> (12) (Preliminary Engineering) In the event that right-of-way acquisition for,or actual construction of the project for which this
<br /> preliminary engineering is undertaken with Federal participation is not started by the close of the tenth fiscal year following the
<br /> fiscal year in which this agreement is executed,the LA will repay the STATE any Federal funds received under the terms of this
<br /> Agreement.
<br /> (13) (Right-of-Way Acquisition) In the event that the actual construction of the project on this right-of-way is not undertaken by the
<br /> close of the twentieth fiscal year following the fiscal year in which this Agreement is executed,the LA will repay the STATE any
<br /> Federal Funds received under the terms of this Agreement.
<br /> (14) (Railroad Related Work Only) The estimates and general layout plans for at-grade crossing improvements should be forwarded to
<br /> the Rail Safety and Project Engineer, Room 204, Illinois Department of Transportation,2300 South Dirksen Parkway,Springfield,
<br /> Illinois, 62764. Approval of the estimates and general layout plans should be obtained prior to the commencement of railroad
<br /> related work. All railroad related work is also subject to approval be the Illinois Commerce Commission (ICC). Final inspection for
<br /> railroad related work should be coordinated through appropriate IDOT District Bureau of Local Roads and Streets office.
<br /> Plans and preemption times for signal related work that will be interconnected with traffic signals shall be submitted to the ICC for
<br /> review and approval prior to the commencement of work. Signal related work involving interconnects with state maintained traffic
<br /> signals should also be coordinated with the IDOT's District Bureau of Operations.
<br /> Page 2 of 4 BLR 05310(Rev.2/06)
<br /> Printed on 4/11/2007 11:33:24 AM
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