Printed 9/9/2015
Page 2 of 5
BLR 05310 (Rev. 06/12/15)
Agreement Provisions
THELPAAGREES
:
(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
accordancewith the requirements of Titles II and III of theUniformRelocationAssistanceandReal PropertyAcquisitionPolicies Act
of 1970, and establishedStatepolicies and procedures. Prior to advertising for bids, the
LPA
shall certify to the
STATE
that all
requirements of Titles II and III of saidUniformAct have been satisfied. The dispositionof encroachments, if any, will be
cooperatively determined by representatives of the
LPA
, and the
STATE
and the
FHWA
, if required.
(2)
To provide for all utility adjustments, and to regulate the useof the right-of-way of this improvement by utilities, public and private, in
accordancewith the current UtilityAccommodationPolicy for Local AgencyHighway andStreet Systems.
(3)
To provide for surveys and thepreparation of plans for the proposed improvement and engineering supervision during construction
of theproposed improvement.
(4)
To retain jurisdiction of the completed improvement unless specifiedotherwise by addendum (addendum shouldbeaccompanied
by a locationmap). If the improvement location is currently under road district jurisdiction, an addendum is required.
(5)
Tomaintainor cause tobemaintained, inamanner satisfactory to the
STATE
and the
FHWA
, the completed improvement, or that
portion of the completed improvement within its jurisdiction as establishedby addendum referred to in item 4above.
(6)
To complywith all applicableExecutiveOrders andFederal HighwayActs pursuant to theEqual Employment Opportunity and
NondiscriminationRegulations required by theU.S. Department of Transportation.
(7)
Tomaintain, for aminimumof 3 years after final project close-out by the
STATE
, adequatebooks, records and supporting
documents to verify the amounts, recipients anduses of all disbursements of funds passing in conjunctionwith the contract; the
contract andall books, records and supporting documents related to the contract shall be available for reviewandaudit by the
AuditorGeneral and the department; and the
LPA
agrees to cooperate fullywith any audit conducted by theAuditor General and
the
STATE
; and to provide full access toall relevant materials. Failure tomaintain the books, records and supporting documents
required by this section shall establish apresumption in favor of the
STATE
for the recovery of any funds paid by the
STATE
under
the contract for whichadequate books, records and supporting documentation arenot available to support their purported
disbursement.
(8)
To provide if required, for the improvement of any railroad-highway grade crossingand rail crossing protectionwithin the limits of
the proposed improvement.
(9)
To complywithFederal requirements or possibly lose (partial or total) Federal participationas determined by the
FHWA
.
(10)
(StateContractsOnly) That themethodof payment designated onpage onewill beas follows:
MethodA - LumpSumPayment. Upon award of the contract for this improvement, the
LPA
will pay to the
STATE
within thirty
(30) calendar days of billing, in lump sum, an amount equal to 80%of the
LPA
’s estimatedobligation incurredunder
thisAgreement. The
LPA
will pay to the
STATE
the remainder of the
LPA
’s obligation (includingany nonparticipating
costs) within thirty (30) calendar days of billing in a lump sum, upon completionof the project based on final costs.
MethodB - MonthlyPayments. Uponaward of the contract for this improvement, the
LPA
will pay to the
STATE
, a specified
amount eachmonth for anestimated periodof months, or until 80% of the
LPA
’s estimatedobligation under the
provisions of theAgreement has beenpaid, andwill pay to the
STATE
the remainder of the
LPA
’s obligation
(including any nonparticipating costs) in a lump sum, upon completionof the project basedupon final costs.
MethodC - ProgressPayments. Upon receipt of the contractor’s first and subsequent progressivebills for this improvement, the
LPA
will pay to the
STATE
within thirty (30) calendar days of receipt, an amount equal to the
LPA
’s share of the
construction cost divided by the estimated total cost,multiplied by theactual payment (appropriately adjusted for
nonparticipating costs) made to the contractor until theentireobligation incurredunder thisAgreement has been paid.
Failure to remit the payment(s) in a timelymanner as required underMethodsA, B, or C, shall allow the
STATE
to internally offset,
reduce, or deduct thearrearage fromany payment or reimbursement dueor about to become due and payable from the
STATE
to
LPA
on this or any other contract. The
STATE
, at its sole option, upon notice to the
LPA
,may place the debt into the Illinois
Comptroller’sOffset System (15 ILCS 405/10.05) or take such other and further action asmy be required to recover the debt.
(11)
(Local Contracts or Day Labor) To provide or cause tobe provided all of the initial funding, equipment, labor, material and services
necessary to construct the complete project.
(12)
(PreliminaryEngineering) In the event that right-of-way acquisition for, or actual construction of, theproject for which this
preliminary engineering is undertakenwithFederal participation is not startedby the closeof the tenth fiscal year following the fiscal
year inwhich theproject is federally authorized, the
LPA
will repay the
STATE
anyFederal funds receivedunder the terms of this
Agreement.
(13)
(Right-of-WayAcquisition) In the event that theactual construction of theproject on this right-of-way is not undertakenby the close
of the twentieth fiscal year following the fiscal year inwhich the project is federally authorized, the
LPA
will repay the
STATE
any
Federal Funds received under the terms of thisAgreement.
