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a��E���n�r�T =gcv,sic�tis � � �
<br /> � 4, ��
<br /> THE LOCAL AGENCY AGRE`eS. � , '
<br /> i • •
<br /> ;1) To acquire fn its name ail right of way necessary for this oroject in accorcance�.vith the requirements or Titles II and►III of the '.:orform •
<br /> Relocation Assistancz, and Real Property .4cquisition Policies Act of 1 97^, and established State policies and orocedures. ?rior�o ad-
<br /> vertising for bids,the �A shail cartify ta the STATE that all reauiremenis oT Titles il and III of said Uniform Act have oeen satis=:ed and
<br /> the disposition of encroachmsnts,if any,will be cooperativel��determined 5y representatives of:he L.4,the STATE and the FHWA.
<br /> (2) To provide for all utility adjustments,and to regulate the use of the right of way of this improvement by utilities,pubiic and private,in ac-
<br /> cordance wiih the current Utility Accommodation Policy For Local Ayency Highway and Street Systems.
<br /> (3) To prov�de for surveys a�d the preparat�on of plans for the proposed improvement and engineenng supervision dunng construc:ion of
<br /> the proposed �mprovement;
<br /> (4) To maintain, or cause to be maintained,'ne completed improvement and,when on a Federal-aid route, to maintain, or cause to b2 main-
<br /> tained, the completed improvement in a manner satisiactory to the STATE and the FHWA,
<br /> (5) To comply�Nith all appiicable txecutive Orders and Federal Highways Acts oursuant to ihe EGual�mplovment Opporturnty and Non-dis-
<br /> cnminaUon Regulations required by the U.S Department of TransportaUon
<br /> , ► (61 To preserve and produce upon request of responsible STATE or FHWA offiaa�s ali records for!his pro�ect for the purpose of an audrt
<br /> for a per�od of three years after the FHWA payment of the final voucher,
<br /> (7) Provisions will be made, �f required, for the imorovement of any railroad-h�gm.vay grade crossing and rail crossing protecUon wr.nm the
<br /> I�mits of ;he proposed improvament;
<br /> (8) That failure of the LA to comply wrth Federal requirements may result in the!oss (partai or total) ot Federal participaUon as determmed
<br /> by the FHWA,
<br /> (9) iSTATE Contracts Only) That the method of payment designated on page ore will be as follows:
<br /> Method A- Lump Sum Payment. Upon award of th contract for this�mprovement,the LA wili pay to the STATE,in a lump sum,an
<br /> amount eGuial"to 95°�of the La's estimated obligation incurred under this Agreement,and wiil pay to the STAT=:he re-
<br /> mained of the LA's obligation (including any nonpanicipating costs) in a lump sum,upon completion of the proje�'based
<br /> upon final costs.
<br /> Method B- Monthly Payments. Upon award of tne contract `or this improvement, the LA wiil pay to the STATE, a specified
<br /> amount 2ach month for an estimated period of months,or unc�l 95°/o of the LA's estimated obligation under the prowsions
<br /> of the Agreement has been paid, and wili pay to the STATE the rerfiainder of the LA's obligation linciuding any nonparti-
<br /> cipating cost)in a lump sum,upon completion ot�:he project based upon final costs.
<br /> Method C- ?rogress Payments Upon receipt of ,he contractor's first and subsequent progressive bilis for this improvement, the
<br /> LA wdl pay to the STATE, an amount equai to the�A's share cr the construction cost divided by the estimated totat cost.
<br /> mulUplied by the actual progress payment lappropnately ad�us�ed.for nonparUcipaUng costs) made to the contrac:or unUl
<br /> the enUre obligaUon incurred unaer th�s Agreement has been paid.
<br /> (10) iDay Labor or Local Contracts Oniy) To provide or cause to be provided all of the initial funding,equipment,!abor,materiai and services
<br /> necessary to construct the complete project. , • }
<br /> (1 1) 1Preliminary Engineering Only)That in event right-of-way acquisition or actual construction of the project for which the preliminary engi-
<br /> neering is undertaken with Federal participation is not started within five years following the date of approval and aUthorization to pro-
<br /> ceed,the LA will repay the STATE any Federal funds received under the terms or this agre�ment.
<br /> �
<br /> THE STATE AGREES. - '
<br /> (1) To provide such guidance, assistance and supervision and to monitor and perform audits to the extent necessary to assure vaiidity of
<br /> the LA's certification of compliance with Tities II and III requirements.
<br /> 12) (STATE Contracts Only) To recerve bids for the construction of the proposed improvement when the plans have been aoproved by
<br /> the STATE (and FHWA, if requiredl, ,
<br /> (3) iSTATE Contract Only) �o.award a con,�ract for construction oi the proposed �rnprovement, atter receipt of a sat�sfactory o�d and
<br /> after concurrence in tti�award'has been rece�ved from the LA (and FHWA �f requiredl; '
<br /> (4) (Day Labor or Local Contracts Only) To�au'honze the LA to proceed or concur in the award for the construction of the improvement
<br /> when Agreed-Un�t Pnces are approved or sat�sfactory b�ds are recerved for Local Contracts.
<br /> (5) (Day�abor or Local Contracts Oniy) To re�mburse the LA for that port�on or the cost payable from Federal-a�d funds and the S'ATE's
<br /> share based on the Agreed Unit Pnces and Engineer's Payment Estimates ;n accordance with the Division of Cost on page one
<br /> IT IS MUTUALLY AGREED . � � C 1� ' � � D
<br /> p�IS�LL
<br /> (1) That this agreement shail be null and void in the event that the FHWA does rot approve the r os �mprovement for Federal-aid Par-
<br /> ticipation and in the event the contract covering the construction work contemplated herein is not awarded within three years of the
<br /> date of execution of this agreement. MAR 2 2 19g1
<br /> (2) This agreement shall be binding upon the parties,their successors and assigns.
<br /> ,� ,����� � �
<br /> (3) It is the policy of the U.S.Department of Transoortation that m��ty.b�si�ess��teEp�i��s,�als defined in 49 CFR Part 3,shall have the
<br /> maximum opportunity to participate in the performance of contracts financed i�w��i�p+rt w�F�ref r�f�nder this agree-
<br /> ment.Consequently,the MBE requirements of 49 CFR P2rt 23 apply to this agree e . 1� y���w
<br /> � The STATEi LA agrees to ensure that minority business enterprises,as defined in 49 CFR Part 23,have the maximum opportunity co par-
<br /> ticipate in the performance of this agreement.In this regard the STA'L�/L'�shall`take all necessary 3nd reasonable steps,in accordance
<br /> with 49 CFR Part 23,to ensure that minority business enterprises'hiave the maximum oPP9rtunity to compete for and perform portions
<br /> of contracts and subcontracts financed in whote or in part with Federal fu�ds provided under this agreement. The STATE,%LA shall not
<br /> discriminate on the basis of race, color, national origin, or sex in the selec:�on and retention of contractor or subcontractors, including
<br /> procurement of materials and leases of equipmant. '�
<br /> The LA shall include the provisions of this"Policy"in every contract,includ:ng procurement of materials and leases of equipment.
<br /> Failure to carry out the requi�ements set forth above shall constitute a breach of this agreement and may result in termination of the
<br /> agreement or such remedy as deemed appropriate. -
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