R2006-105 APPROPRIATING FUNDS FOR AGREEMENT

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(4) (Local Contracts) That for agreements with Federal and/or State funds in engineering, right-of-way, utility work and/or construction work: (a) To reimburse the LA for the Federal and/or State share on the basis of periodic billings, provided said billings contain sufficient cost information and show evidence of payment by the LA. (b) To provide independent assurance sampling,to furnish off-site material inspection and testing at sources normally visited by STATE inspectors of steel,cement, aggregate,structural steel and other materials customarily tested by the STATE. IT IS MUTUALLY AGREED: (1) That this Agreement and the covenants contained herein shall become null and void in the event that the FHWA does not approve the proposed improvement for Federal-aid participation or the contract covering the construction work contemplated herein is not awarded within three years of the date of execution of this Agreement. (2) This Agreement shall be binding upon the parties,their successors and assigns. (3) For contracts awarded by the LA,the LA shall not discriminate on the basis of race,color,national origin or sex in the award and performance of any USDOT—assisted contract or in the administration of its DBE program or the requirements of 49 CFR part 26. The LA shall take all necessary and reasonable steps under 49 CFR part 26 to ensure nondiscrimination in the award and administration of USDOT—assisted contracts. The LA's DBE program,as required by 49 CFR part 26 and as approved by USDOT, is incorporated by reference in this Agreement. Upon notification to the recipient of its failure to carry out its approved program,the department may impose sanctions as provided for under part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986(31 U.S.C.3801 et seq.). In the absence of a USDOT—approved LA DBE Program or on State awarded contracts,this Agreement shall be�dministered under the provisions of the STATE's USDOT approved Disadvantaged Business Enterprise Program. (4) In cases where the STATE is reimbursing the LA,obligations of the STATE shall cease immediately without penalty or further payment being required if, in any fiscal year,the Illinois General Assembly or applicable Federal Funding source fails to appropriate or otherwise make available funds for the work contemplated herein. (5) All projects for the construction of fixed works which are financed in whole or in part with funds provided by this Agreement and/or amendment shall be subject to the Prevailing Wage Act(820 ILCS 130/0.01 et se .)unless the provisions of that Act exempt its application. ADDENDA Additional information and/or stipulations are hereby attached and identified below as being a part of this Agreement. Number 1 Location Ma�. (Insert addendum numbers and titles as applicable) The LA further agrees,as a condition of payment,that it accepts and will comply with the applicable provisions set forth in this Agreement and all addenda indicated above. APPROVED APPROVED State of Illinois Name Paul Osborne Department of ransportation Title Mayor - ' � County Boar Chairper / yorNillage President/etc. Timoth W.Mar;in,Secretary Signature ��'""r Date 09J1J�f�� Date July 17, 2006 �� n � /L �� Milton R.Sees,Director of Highways/Chief Engineer TIN Number ��00 1308 N/,� NOTE: If signature is by an APPOINTED official,a resolution authorizing Ellen Schanzl -Haskins,Chief Counsel said appointed official to execute this agreement is required. �/� Ann L..Schneider,Dir c or of Finance and Administration Page 4 of 4 BLR 05310(Rev.2/06) Printed on 7/12/2006 2:37:54 PM