(2)
(3)
(4)
(5)
(6)
(7)
Agreement Provisions
THE LPA
AGREES:
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 wjth
the
requirements of
Titles
ll and
lll
of
the
Uniform Relocation Assistance
and
Real Property
Acquisition
Policies Act
of
1970, and established State policies and
procedures.
Prior
to
advertising for bids,
ihe LPA
shall certify to the STATE
that
all
requirements
of
Titles ll
and
lll
of
said
Uniform Act have been
satisfied.
The disposition of encroachments,
ilany,will
be
cooperatively determined by representatives
ofthe
LPA, and the
STATE
and
the
FHWA, if required.
To provide for all 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 LocalAgency
Highway and Street Systems.
To
provide for surveys and the preparation of plans for the proposed improvement and engineering supervision during construction
of the proposed irnprovement.
To retain
jurjsdiction
of
the
compleled
improvemenl unless specifled otherwise by addendum (addendum should be accompanied
by
a
location
map).
lf the improvement localion is currently under road disirict
jurisdiction,
an addendum is required.
To maintain or cause
to
bemaintained, in amanner satisfactory to
the
STATE and
the
FHWA, the completed improvement,
or
that
portion
of
the completed improvement
within
its
jurisdiction as
established
by
addendum referred
io
in item 4 above.
To comply with all applicable Executive Orders and Federal Highway
Acts
pursuant
to
the
Equal Employment Opportunity and
Nondiscrimination Regulations
required
by
the
U.S. Department
of
Transportation.
To maintain, for aminimum
of
3 years after
Jinal
project close-out
by
the
STATE,
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
10
the contract shall be available
for
review and audit
by
the
Auditor
General and
the departmenti
and
lhe LPA
agrees
to
cooperate fully
with
any audit conducted
by
the Auditor General
and
the STATE;
and
to
provide full access
to
all relevant materials. Failure
to
maintain
the
books, records and supporting documents
required
by
ihis
section shall establish a presumplion
in
favor
of
the
STATE for
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 purported
disbursement.
To provide if required, for the improvement of any railroad-highway
grade
crossing and
rail
crossing protection within
the
limits
of
the
proposed improvemeni.
To comply
with
Federal requirements or possibly lose (pariial or
total)
Federal participation as determined
by
the FHWA.
(State Contracts
Only)
That the method
of
payment deslgnated on page one
will
be
as
follows:
lvlethod A
-
Lump Sum
Payment.
Upon award
of
the contract for
this
improvement,
the
LPA
will
pay to
lhe
STATE within thirty
(30) calendar days of billing, in lump sum, an amount equal to 80%
of
the LPA's
estimated obligation incurred
under
this
Agreement.
TheLPA
will
paytothe
STATE the
remainderofthe
LPA's
obligation (including any nonparticipaiing
costs) within thirty
(30)
calendar days of billing in a lump sum, upon completion
ofthe
project based
onflnal
costs.
Method
B
-
Monthly
Payments.
Upon award
ofthe
contract for
this
improvement,
the
LPA
will
pay to the STATE, a specifled
amount each month
for
an estimated period
of
months, or until 80%
of
the LPA's
estimated obligation under
the
provisions of the
Agreement
has been paid, and
will
pay to the STATE
the
remainder
of
the
LPA'S obligation
(including any nonparticipaling costs) in a lump sum, upon completion
of
the
project based upon flnal costs.
L4ethodC-
Progress
Payments.
Upon
receiptofthe
contracto/s
flrst and subsequent progressive bills
forthis
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
the actual payment (appropriately adjusted for
nonparticipating
costs)
made to the contractor until
the
entire obligation incurred under this Agreement has been
paid.
Failure
to
remit the payment(s) in
a
timely
manner as required under
tvlethods
A,
B, or C, shall allow the STATE to internally offset,
reduce, or deduct the arrearage
Jrom
any payment or reimbursement due or about
io
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
lllinois
Comptroller's Offset System (15 ILCS 405/'10.05) or take
such
other and further action as my be required to recover the debt.
(Local Contracts or Day
Labor) To
provide
orcauseto
be provided
all
of
theinitial
funding, equipment, labor, material and servlces
necessary to construct the
complete
project.
(Preliminary
Engineering)
ln
the
event
that
right-of-way acquisition for,
oractual
construction of, the project for which this
preliminary engineering is undertaken
with
Federal participation is not started
by
the close of the tenth flscal year following
ihe
fiscal
year
in
which
the
project
is
federally
authorized,
the
LPA
will
repay
the
STATE any Federal funds received under the terms of this
Agreement.
(Righfof-Way
Acquisition)
in
the
event that the actual
construction
ofthe projectonthis
right-of-way is not undertaken
bytheclose
of
the twentieth fiscal year following the fiscal year
in
which
the
project
is
federally authorized, the LPA
will
repay the STATE any
Federal Funds received under the
terms
of
this Agreement.
(1)
(8)
(e)
(10)
(1
1)
(12)
(13)
Printed
6/2412015
Page 2 of
5
BLR 05310 (Rev.
06/12115)
