R94-158 AUTHORIZING AGREEMENT WITH IDOT

Home Browse Search

Agreement Provisions � _� � _ THE LOCAI AGENCY AGREES: . _ (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 ' . � accordance with the requirements of Titles il and III ot the Uniform Relocation Assistance,and Fieal Property Acquisition Poficies 'r Act of 1970,and established State policies and procedures. Prior to advertising for bids,the LA shall certify lo the STATE that • all requirements of Titles II and III oi said Uniform Act have been satisfied and the disposition of encroachments, if any,will be cooperatively determined by representatives of the LA,the STATE and the FHWA. (2) To provide for aIl utility adjustments,and to regulate the use of the right-of-way of this improvement by utilities,public and private, in accordance with the current Utility Accommodation Policy For Local Agency Highway and Street Systems. (3) To provide for surveys and the preparation oi plans for the proposed improvement and engineering supervision during construction oi the proposed improvement. (4) To retain jurisidiction of the completed improvement unless specified othenvise by addendum(addendum should be accompanied by a location map). (5) To maintain or cause to be maintained,•in a manner satislactory to the STATE and FHWA,the completed improvement,or that portion of the completed improvement within their respective jurisdiction as established by addendum reterred to in item 4 above. (6) To comply with all applicable Executive Oders and Federal Highway Acts pursuant to the Equal Employement Opportunity and Nondiscrimination Regulations required by the U.S. Department of TranspoRation. (7) To maintain,tor a minimum of 5 years after the completion of the contract,adequate books, records and supporting documents to verify the amounts,recipients and uses of all disbursements of funds passing in conjunction with the contract;the contract and all books,records and supporting documents related to the contract shall be available for review and audit by the Auditor General and the department; and the LOCAL AGENCY agrees to cooperate fully with any audit conducled by the Auditor General and the department; and to provide full access to all relevant materials. Failure to maintain the books, records and suppoRing documents required by this secGon shall establish a presumption in favor of the STATE tor the recovery of any funds paid by the STATE under . the contract for which adequate books,records and supporting documentation are not available to support their purponed disburse ment (8) To provide if required,for the improvement of any railroad-highway grade crossing and rail crossing protection within ttie limits of the � � proposed improvement; (9) To comply with Federal requirements or possibly lose(partial or totat)Federal participation as determined by the FHWA; (10) (STATE Contracts Only) That the method of payment designated on page one witl be as follows: _ : - Method A- Lump Sum Payment. Upon award of the contract for this improvement,the LA will pay to the STATE,in a lump sum,-_= � _ _ :_ an amount equal to 95°k of the LA's estimated obligation incurred under this Agreement,and will pay to the STATE the � �. ��- ' �remainder of the LA's obligation(including any nonparticipating costs)in a lump sum,upon completion oi the project ,.�;:,;�;.;��:.,based upon final costs. . . . . . .. . .. . > . , . - � ,;:=:�7:.3x�Xsr=... •;. y,.� ._ . .. Method B-f� Monthly Payments. Upon award of the contract for this improvement,the LA will pay to the STATE,a specified � " amount each month for an estimated period of months,or until 95%of the LA's estimated obligation under the provi- sions of the Agreement has been paid,and will pay to the STATE the remainderof the LA's obligation(including any nonparticipating costs)in a lump sum, upon completion oi ihe project based upon final costs. Method C- Progress Payments. Upon receipt of the contractor's first and subsequent progressive bills for this improvement,the LA will pay to the STATE,an amount equal to the LA's share of the construction cost divided by the estimated total cost,multiplied by the actual progress payment(appropriately adjusted for nonparticipating costs)made to the contractor until the entire obligation incurred under this Agreement has been paid. (11) (Day Labor or Local Contracts Only) To provide or cause to be provided all of the initial funding,equipment,labor,material and services necessary to construct the complete project. (12) (Preliminary Engineering Only) In the event that right-of-way acquisition for,or actual construction ot the project for which this preliminary engineering is undertaken with Federal participation is not sta�ted by the close of the fifth fiscal.year fotlowing the fiscal year in which this agreement is executed,the lJ�will repay the STATE any Federal funds received under the terms of this Agree- ment. (13) (Right-of-Way Acquisition Only) That in the event that the actual construction of the project on this right-of-way i�not unde�taken by . the dose of ihe tenth fiscal year following the fiscal year in which this Agreement is executed the LA will repay the State any Federal Funds received under the terms of this Agreement. � Page 2 of 4 IL 494-0327 BlR 4251 (Rev.5/93)