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HomeMy WebLinkAboutResolution #5309 - joint agreement with the Illinois Department of Transportation for the installation of traffic signal cabinets, controllers, communication equipment and video detection systems RESOLUTION NO 5309 A RESOLUTION APPROVING AN JOINT AGREEMENT BETWEEN THE CITY OF CANTON AND THE ILLINOIS DEPARTMENT OF TRANSPORTATION FOR THE INSTALLATION OF TRAFFIC SIGNAL CABINETS, CONTROLLERS, COMMUNICATION EQUIPMENT AND VIDEO DETECTION SYSTEMS WHEREAS, the Mayor and City Council have deteunined that it is necessary and in the best interests of the City of Canton for City to enter into an Agreement with the State of Illinois, acting by and through its Department of Transportation, in relation to the installation of traffic signal cabinets, controllers, communication equipment and video detection systems. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CANTON,ILLINOIS, AS FOLLOWS: 1. The Recitals set forth above, and all facts and statements contained therein, are found to be true and correct and are hereby incorporated and adopted as part of this Resolution; • 2. The Agreement, substantially in form as attached hereto as "Exhibit A," is hereby APPROVED; 3. That the Mayor of the City of Canton, Illinois is hereby authorized to execute said Agreement, and any other related and necessary documents, on behalf of the City of Canton; and 5. That this Resolution shall be in full force and effect immediately upon its passage by the City Council of the City of Canton, Illinois and approval by the Mayor thereof. PASSED by the City Council of the City of Canton, Illinois at a regular meeting this 6th day of April, 2021, upon a roll call vote as follows: AYES: Alderman Andra Chamberlin, Quin Mayhew, John Lovell, Craig West, Angela Hale, Jeff Fritz, Angela Lingenfelter NAYS: None ABSENT: Alderman Justin Nelson APPROVED: K,nt Mc I ow40,k1 a or ATTEST Diana Pa ey-Rock, City Clerk , ! , ,;;-." ,2, ' E .. . . . , . .. . , A , ,, . .. ,.. . . . , • ... , .....,. . .. ...„... . .._ . , , , , , , , . , , . __ CERTIFIED MAIL Mir Illinois Department of Transportation G ffize-offlighways-Prolemntatiori Regi s c 401 Main Street/Peoria,Illinois 61602-1111 March 15, 2021 PROJECT SUPPORT JOINT AGREEMENT Various Routes State Section: D4 ITS System 2021 City Section: 21-00068-88-TL Various Counties Location: Installation of traffic signal cabinets, controllers, communication equipment and video detection systems Agreement No.: JN-421-010 Contract No. 68G19 Catalog No.: 036151-OOD The Honorable Kent McDowell Mayor, City of Canton 2 North Main St. Canton, Illinois 61520 Dear Mayor McDowell: Enclosed are three (3) copies of a Joint Agreement, which describes the above- captioned project for the installation of traffic signal cabinets, controllers, communication equipment and video detection systems, and the degree to which the state and the city of Canton will be participating. The Joint Agreement draft has been reviewed by our Peoria office and is ready for signature. If you concur with the conditions set forth in the Joint Agreement, please sign and return two (2) copies. Upon receipt of these copies we will assume the city of Canton concurs in all conditions stated therein. Also enclosed is a copy of the plans and a form for plan approval for your use, if so desired. We need this form, letter or resolution of approval submitted with the Joint Agreement. This project is scheduled for our April 23, 2021 letting. If you have any questions regarding this Joint Agreement, please feel free to contact our Agreements Unit at(309) 671-3496. Sincerely, Kensil A. Garnett, P.E. Region Three Engineer RJ:pj 110:\PD\MGR1\WI N WORD\Progdev\Agreements\Letters\Joint\JN421010.docx Enclosure(s) cc: Studies & Plans (M. Otten) Programming (T. Worsfold) Project Support(R. Julich) Various Routes State Section: D4 ITS System 2021 City Section: 21-00068-88-TL Various Counties Laden fi aa11ation o `tiaf+ilc si abinet , Controllers, communication equipment, and Video detection systems Job No. C-94-036-21 Contract No. 68G19 Catalog No.: 036151-0OD Agreement No.: JN-421-010 AGREEMENT This Agreement, entered into this day of Pe-,( A.D.,2021, by and between the STATE OF ILLINOIS, acting by and through its DEPARTMENT OF TRANSPORTATION, hereinafter called the STATE, and the CITY OF CANTON, of the State of Illinois, hereinafter called the CITY. WITNESSETH: WHEREAS, the STATE, in order to facilitate the free flow of traffic and ensure safety to the motoring public, is desirous of modernizing existing signal installations by installing new traffic signal cabinets and controllers, communications equipment, and by performing all other work necessary to complete the improvements in accordance with the approved plans and specifications; and WHEREAS the CITY is desirous of said improvement in that same will be of immediate benefit to the motoring and pedestrian public and permanent in nature; NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties hereto agree as follows: 1. The STATE agrees to make the surveys, prepare plans and specifications, receive bids and award the contract, furnish engineering inspection during construction, and cause the improvement to be built in accordance with plans, specifications, and contract. - 1 - 2. The STATE agrees to pay all Construction and engineering costs subject to reimbursement by the CITY as hereinafter stipulated. is mutually agreed by and between the parties hereto that the estimated cost proration for this improvement is as follows: STATE CITY TOTAL _TYPE OF WORK COST(%) COST(%) COST Modernize TS at IL 9(Locust)& IL 42895 450 78(Main) ( ) 22 (5) Prelim. Eng. (5%) 22 (95) 1 (5) 23 Const. Eng. (10%) 43 (95) 2 (5) 45 Modernize TS at IL 78(Main) & 93.3 420 450 Lincoln ( ) 30 (6.7) Prelim. Eng. (5%) 21 (93.3) ( 2 (6.7) 23 Const. Eng. (10%) 43 (93.3) 2 (6.7) 45 Modernize TS at IL 9(5th) & Chestnut; IL 9(Locust) & First; IL 78 45,720 (90) 5,080 (10) 50,800 (Main) &Ash; IL 78(Main& Sycamore Terrace Prelim. Eng. (5%) 2,286 (90) 254(10) 2,540 Const. Eng. (10%) 4,572 (90) 508 (10) 5,080 Remaining Const. 475,300 I 0 475,300 Prelim. Eng. (5%) 23,765 0 23,765 Const. Eng. (10%) 47,530 0 47,530 TOTALS_.. .: . $600,149 $5,902 $606,051 Participation and reimbursement shall be predicated by the percentages shown above for the specified work. Costs shall be determined by multiplying the final quantities times contract unit prices plus 15% for construction and preliminary engineering. Participation toward the traffic signals items shown above shall not exceed 125% of their estimated construction and engineering cost. 4. The CITY has passed a resolution appropriating within its 2021 budget sufficient funds to pay its share of the cost of this improvement, a copy of which is attached hereto as "Exhibit A" and made a part of hereof. The CITY further agrees that upon award of the contract for this improvement, the CITY will pay to the DEPARTMENT OF TRANSPORTATION of the STATE OF ILLINOIS in a lump sum from any funds allotted to the CITY, an amount equal to 80% of its obligation incurred under this Agreement, and will pay to the said DEPARTMENT the - 2 - I remainder of the obligation (including any non-participating costs on FA Projects) in a lump sum, upon completion of the project based upon final costs. 5. The CITY agrees to provide prior to the STATE's advertising for the work to be performed hereunder approval of the plan's specifications, by resolution or letter. 6. The CITY shall exercise its franchise right to cause private utilities to be relocated, if required, at no expense to the STATE. 7. The CITY agrees to cause its utilities installed on right-of-way after said right-of-way was acquired by the STATE or installed within the limits of a roadway after the said roadway's jurisdiction was assumed by the STATE, to be relocated and/or adjusted, if required, at no expense to the STATE. 8. Upon final inspection of the improvement, the STATE and CITY will continue their respective maintenance responsibilities for the traffic signal cabinets and controllers ,communications equipment, fiber optic cable, conduit, and handholes installed herein in accordance with the existing Master Agreement executed on July 1, 2011 or in accordance with any such Master Agreement that may be executed in the future. 9. The parties hereby mutually agree that the obligations of the parties will cease immediately without penalty being required if, in any fiscal year, the Illinois General Assembly or Federal funding source fails to appropriate or otherwise make available funds for this contract. 10. This Agreement and the covenants contained herein shall be null and void in the event the contract covering the construction work contemplated herein is not awarded within three years subsequent to execution of the Agreement. - 3- • Various Routes State Section: D4 ITS System 2021 City Section: 21-00068-88-TL Various Counties eaten instellatton-o raffic-signat-ealainets, Controllers, communication equipment, and Video detection systems Job No. C-94-036-21 Contract No. 68G19 Catalog No.: 036151-OOD Agreement No.: JN-421-010 11. The CITY certifies that its correct Federal Taxpayer Identification Number is 37-6000876 and the CITY is doing business as a municipality whose mailing address is 2 North Main Street, Canton, Illinois 61520. This Agreement shall be binding upon and to the benefit of the parties hereto, their successors and assigns. STATE OF ILLINOIS DEPARTMENT OF TRANSPORTATION CITY OF CANTON By: By: /� /AAAhijj1) Kensil A. Garnett, P.E. McDowell, Ma Region Three Engineer Date: Date: .41111k Attest: City Clerk RH:tdp/pj l\s:\mg rl\winword\progdevlagreements\joint\jn421010.docx -4- Various Routes Section: D4 ITS System 2021 —City-Section:-2-1---330068-884L Various Counties Location: Installation of traffic signal cabinets, controllers, Communication equipment, and video detection systems. Agreement No. JN-421-010 Contract No. 68G19 Catalog No.: 036151-OOD I approve the portions of the final plans for the above-captioned project that pertain to the maintenance obligations of the city of Canton. )1.4 * V-,40 K)nt McDowell, Mayor Date RH:tdp/pjl\s:\mgrl\winword\progdev\agreementslplan approval\jn421010.docx Illinois Department of Transportation Agreement Funding Method Payment Route: Various Agreement No.: JN-421-010 Section: D4 ITS System 2021 Catalog No.: 036151-OOD Counties: Various Resolution No.: EXHIBIT"A" FUNDING RESOLUTION WHEREAS, the CITY OF CANTON (CITY)has entered into an AGREEMENT with the State of Illinois for the modernization of the existing signals at various intersections; and WHEREAS, in compliance with the aforementioned AGREEMENT, it is necessary for the CITY to appropriate sufficient funds to pay its share of the cost of said improvement. NOW, THEREFORE, BE IT RESOLVED, that there is hereby appropriated the sum of five thousand nine hundred two Dollars ($5,902), or so much thereof as may be necessary,from any money now or hereafter allotted to the CITY to pay its share of the cost of this improvement as provided in the AGREEMENT; and BE IT FURTHER RESOLVED, that upon award of the contract for this improvement, the CITY will pay to the DEPARTMENT OF TRANSPORTATION of the STATE OF ILLINOIS in a lump sum from any funds allotted to the CITY, an amount equal to 80%of its obligation incurred under this AGREEMENT, and will pay to the said DEPARTMENT the remainder of the obligation in a lump sum, upon completion of the projected based on final costs. BE IT FURTHER RESOLVED that the CITY agrees to pass a supplemental resolution to provide necessary funds for its share of the cost of this improvement if the amount appropriated herein proves to be insufficient to cover said cost. STATE OF ILLINOIS ss COUNTY OF FULTON I, iCf-v9 C)v/rK �L7C� City Clerk in and for the CITY OF CANTON, State of Illinois, hereby certify thep,foregoing to be a true, perfect, and complete copy of the resolution adopted by the CITY at its meeting on '14 L LP , 2021. • IN TESTIMONY WHEREOF, I have hereunto set my hand and seal this day of AD., 2021. o is a';''-,4Y-Rock, City Clerk (SEAL) RH:tdp/pjlls:lmgr1\winwordlprogdevlagreementslordinance_agreement funding method1jn421010_fundingmethodpayment-abingdon.docx ATTACHMENT 1 TIN CERTIFICATION i The CITY certifies that: 1. The number shown on this form is the CITY's correct taxpayer identification number (or the CITY) is waiting for a number to be issued to them), and 2. The CITY is not subject to backup withholding because: (a) the CITY is exempt from backup withholding, or(b)the CITY has not been notified by the Internal Revenue Service (IRS) that the CITY is subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that the CITY no longer subject to back-up withholding, and 3. The CITY's person with signatory authority for this AGREEMENT is a U. S. person (including a U.S. resident alien). Taxpayer Identification Number: 37-6000876 Legal Status Individual X Government • Sole Proprietor Nonresident Alien Partnership/Legal Corporation Estate or Trust Tax-exempt Pharmacy(Non Corp.) Corporation providing or billing — Pharmacy/Funeral home/Cemetery medical and/or health care services Corporation NOT providing or — Limited Liability Company(select billing medical and/or health care applicable tax classification) services Other ❑ D= Disregarded entity ❑ C= Corporation ❑ P= Partnership RH:tdp/pj l\s:\mgrl\winword\progdev\agreements\joint\jn421010.docx LOCATION MAP 1 VARIOUS ROUTES SECTION 04 ITS SYSTEM 2021 VARIOUS COUNTIES C-94--036-21 N.,—,----r .,rte i Rodc Li fld 69ai �.t A Henry 1 lle ; , [---- Frirrai M fc r Mir tral 1:7n co: HAs * 41 ifidfran f Ra i:lr i 3 IAI r•7 lib rcl r 2 1_ rili Fusin° r � Mcoonc ch Tanemi McLean F 3 r, 0z ./ itif r, �_(d� r---- -----i sci-0.00- —1 rt, !MFF CERTIFIED MAIL Illinois Department of Transportation Office of Highways Project Implementation I Region 3/District 4 401 Main Street/Peoria, Illinois 61602-1111 April 21, 2021 PROJECT SUPPORT JOINT AGREEMENT Various Routes Section: D4 ITS System 2021 Various Counties Location: Installation of traffic signal cabinets, controllers, communication equipment, and video detection systems at various locations Agreement No. JN-421-010 Contract No. 68G19 Catalog No. 036151-OOD The Honorable Kent McDowell Mayor, City of Canton 2 North Main Street Canton, Illinois 61520 Dear Mayor McDowell: Enclosed is one original counterpart of the fully executed Joint Agreement, which describes the above-captioned project for the installation of traffic signal cabinets, controllers, communication equipment, and video detection systems at various locations, and the degree to which the state and the city of Canton will be participating. If you have any questions regarding this Joint Agreement, please feel free to contact our Agreements Unit at (309) 671-3496. Sincerely, Kensil A. Garnett, P.E. Region Three Engineer RJ:pjl O:\PD\MGR1\WINWORD\ProgdevWgreements\Letters\Joint\JN421010 2.docx Enclosure(s) cc: Studies & Plans (M. Otten) Local Roads (T. Sassine) Programming (T. Worsfold) Agreements (R. Julich) Operations (E. Howald) Various Routes State Section: D4 ITS System 2021 City Section: 21-00068-88-TL Various Counties Location: Installation of traffic signal cabinets, Controllers, communication equipment, and Video detection systems Job No. C-94-036-21 Contract No. 68G19 Catalog No.: 036151-OOD Agreement No.: JN-421-010 AGREEMENT This Agreement, entered into this Z. day oft A A.D., 2021, by and between the STATE OF ILLINOIS, acting by and through its DEPARTMENT OF TRANSPORTATION, hereinafter called the STATE, and the CITY OF CANTON, of the State of Illinois, hereinafter called the CITY. WITNESSETH: WHEREAS, the STATE, in order to facilitate the free flow of traffic and ensure safety to the motoring public, is desirous of modernizing existing signal installations by installing new traffic signal cabinets and controllers, communications equipment, and by performing all other work necessary to complete the improvements in accordance with the approved plans and specifications; and WHEREAS the CITY is desirous of said improvement in that same will be of immediate benefit to the motoring and pedestrian public and permanent in nature; NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties hereto agree as follows: 1. The STATE agrees to make the surveys, prepare plans and specifications, receive bids and award the contract, furnish engineering inspection during construction, and cause the improvement to be built in accordance with plans, specifications, and contract. - 1 - 2. The STATE agrees to pay all Construction and engineering costs subject to reimbursement by the CITY as hereinafter stipulated. 3. It is mutually agreed by and between the parties hereto that the estimated cost proration for this improvement is as follows: STATE CITY TOTAL TYPE OF WORK COST(%) COST(%) COST Modernize TS at IL 9(Locust)& IL 428 (95) 22 (5) 450 78(Main) Prelim. Eng. (5%) 22 (95) 1 (5) 23 Const. Eng. (10%) l 43 (95) 2 (5) 45 Modernize TS at IL 78(Main) & I 420 (93.3) 30 (6.7) 450 Lincoln Prelim. Eng. (5%) 21 (93.3) 2 (6.7) i 23 Const. Eng. (10%) 43 (93.3) 2 (6.7) --- 45 Modernize TS at IL 9(5th) & Chestnut; IL 9(Locust) & First; IL 78 45,720 (90) 5,080 (10) f 50,800 (Main) &Ash; IL 78(Main & Sycamore Terrace Prelim. . (5%) Const. Eng.g2,286 (10%) 4,572 (90) 508 (10) 5,080 Remaining Const. 475,300 0 475,300 Prelim. Eng. (5%) 23,765 0 23,765 Const. Eng. (10%) ' 47,530 0 47,530 l I TOTALS $600,149 j $5,902 ( $606,051 Participation and reimbursement shah be predicated by the percentages shown above for the specified work. Costs shall be determined by multiplying the final quantities times contract unit prices plus 15% for construction and preliminary engineering. Participation toward the traffic signals items shown above shall not exceed 125% of their estimated construction and engineering cost. 4. The CITY has passed a resolution appropriating within its 2021 budget sufficient funds to pay its share of the cost of this improvement, a copy of which is attached hereto as "Exhibit A" and made a part of hereof. The CITY further agrees that upon award of the contract for this improvement, the CITY will pay to the DEPARTMENT OF TRANSPORTATION of the STATE OF ILLINOIS in a lump sum from any funds allotted to the CITY, an amount equal to 80% of its obligation incurred under this Agreement, and will pay to the said DEPARTMENT the - 2 - remainder of the obligation (including any non-participating costs on FA Projects) in a lump sum, upon completion of the project based upon final costs. 5. The CITY agrees to provide prior to the STATE's advertising for the work to be performed hereunder approval of the plan's specifications, by resolution or letter. 6. The CITY shall exercise its franchise right to cause private utilities to be relocated, if required, at no expense to the STATE. 7. The CITY agrees to cause its utilities installed on right-of-way after said right-of-way was acquired by the STATE or installed within the limits of a roadway after the said roadway's jurisdiction was assumed by the STATE, to be relocated and/or adjusted, if required, at no expense to the STATE. 8. Upon final inspection of the improvement, the STATE and CITY will continue their respective maintenance responsibilities for the traffic signal cabinets and controllers ,communications equipment, fiber optic cable, conduit, and handholes installed herein in accordance with the existing Master Agreement executed on July 1, 2011 or in accordance with any such Master Agreement that may be executed in the future. 9. The parties hereby mutually agree that the obligations of the parties will cease immediately without penalty being required if, in any fiscal year, the Illinois General Assembly or Federal funding source fails to appropriate or otherwise make available funds for this contract. 10. This Agreement and the covenants contained herein shall be null and void in the event the contract covering the construction work contemplated herein is not awarded within three years subsequent to execution of the Agreement. - 3 - Various Routes State Section: D4 ITS System 2021 City Section: 21-00068-88-IL Various Counties Location: Installation of traffic signal cabinets, Controllers, communication equipment, and Video detection systems Job No. C-94-036-21 Contract No. 68G19 Catalog No.: 036151-OOD Agreement No.: JN-421-010 11. The CITY certifies that its correct Federal Taxpayer Identification Number is 37-6000876 and the CITY is doing business as a municipality whose mailing address is 2 North Main Street, Canton, Illinois 61520. This Agreement shall be binding upon and to the benefit of the parties hereto, their successors and assigns. STATE OF ILLINOIS DEPARTMENT OF TRANSPORTATION CITY OF CANTON By: .„, G,_ By: - .- - c, -ei4 Kensil A. Garnett, P.E. efit McDow ilt ,.J II, Mayor Region Three Engineer Date: r pA 1 Z Z f Date: iiia I .i) l 1 i Attest: s w/ Dian: ' -'-41.'', City Clerk RH:tdp/pjl\s:\mgr1\winword\progdev\agreements\joint\jn421010.docx - 4- Various Routes Section: D4 ITS System 2021 City Section: 21-00068-88-TL Various Counties Location: Installation of traffic signal cabinets, controllers, Communication equipment, and video detection systems. Agreement No. JN-421-010 Contract No. 68G19 Catalog No.: 036151-0OD I approve the portions of the final plans for the above-captioned project that pertain to the maintenance obligations of the city of Canton. .l..Al 1 AI & Kent cDow-il, Mayor 41-1 7/() / Date RH:tdp/pjI\s:\mgr1\winword\progdev\agreementslplan approval\jn421010.docx Vi Hind's Department of Transportation Agreement Funding Method Payment Route: Various Agreement No.: JN-421-010 Section: D4 ITS System 2021 Catalog No.: 036151-OOD Counties: Various Resolution No.: EXHIBIT"A" FUNDING RESOLUTION WHEREAS, the CITY OF CANTON (CITY) has entered into an AGREEMENT with the State of Illinois for the modernization of the existing signals at various intersections; and WHEREAS, in compliance with the aforementioned AGREEMENT, it is necessary for the CITY to appropriate sufficient funds to pay its share of the cost of said improvement. NOW,THEREFORE, BE IT RESOLVED, that there is hereby appropriated the sum of five thousand nine hundred two Dollars ($5,902), or so much thereof as may be necessary, from any money now or hereafter allotted to the CITY to pay its share of the cost of this improvement as provided in the AGREEMENT; and BE IT FURTHER RESOLVED, that upon award of the contract for this improvement, the CITY will pay to the DEPARTMENT OF TRANSPORTATION of the STATE OF ILLINOIS in a lump sum from any funds allotted to the CITY, an amount equal to 80% of its obligation incurred under this AGREEMENT, and will pay to the said DEPARTMENT the remainder of the obligation in a lump sum, upon completion of the projected based on final costs. BE IT FURTHER RESOLVED that the CITY agrees to pass a supplemental resolution to provide necessary funds for its share of the cost of this improvement if the amount appropriated herein proves to be insufficient to cover said cost. STATE OF ILLINOIS ) ss COUNTY OF FULTON ) I, \a-NO CSI Y lK[-( City Clerk in and for the CITY OF CANTON, State of Illinois, hereby certify the foreg 'ng to be a true, perfect, and complete copy of the resolution adopted by the CITY at its meeting on ca Le , 2021. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal this ( day of >! Ar AD., 2021. Al Jriii. ►iia a�''"'`-'y-Rock, City Clerk (SEAL) RH:tdp/pjl\s:\mgrl\winword\progdev\agreements\ordinance_agreement funding method\jn421010_fundingmethodpayment-abingdon.docx RESOLUTION NO 5309 A RESOLUTION APPROVING AN JOINT AGREEMENT BETWEEN THE CITY OF CANTON AND THE ILLINOIS DEPARTMENT OF TRANSPORTATION FOR THE INSTALLATION OF TRAFFIC SIGNAL CABINETS, CONTROLLERS, COMMUNICATION EQUIPMENT AND VIDEO DETECTION SYSTEMS WHEREAS, the Mayor and City Council have determined that it is necessary and in the best interests of the City of Canton for City to enter into an Agreement with the State of Illinois, acting by and through its Department of Transportation, in relation to the installation of traffic signal cabinets, controllers, communication equipment and video detection systems. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CANTON, ILLINOIS, AS FOLLOWS: 1. The Recitals set forth above, and all facts and statements contained therein, are found to be true and correct and are hereby incorporated and adopted as part of this Resolution; 2. The Agreement, substantially in form as attached hereto as "Exhibit A," is hereby APPROVED; 3. That the Mayor of the City of Canton, Illinois is hereby authorized to execute said Agreement, and any other related and necessary documents, on behalf of the City of Canton; and 5. That this Resolution shall be in full force and effect immediately upon its passage by the City Council of the City of Canton, Illinois and approval by the Mayor thereof. PASSED by the City Council of the City of Canton, Illinois at a regular meeting this 6th day of April, 2021, upon a roll call vote as follows: AYES: Alderman Andra Chamberlin, Quin Mayhew, John Lovell, Craig West, Angela Hale, Jeff Fritz, Angela Lingenfelter NAYS: None ABSENT: Alderman Justin Nelson APPROVED: r f KM Dowell, Ma ATTEST i Diana Pate -Rock, City Clerk ATTACHMENT 1 TIN CERTIFICATION The CITY certifies that: 1. The number shown on this form is the CITY's correct taxpayer identification number (or the CITY) is waiting for a number to be issued to them), and 2. The CITY is not subject to backup withholding because: (a) the CITY is exempt from backup withholding, or(b)the CITY has not been notified by the Internal Revenue Service (IRS) that the CITY is subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that the CITY no longer subject to back-up withholding, and 3. The CITY's person with signatory authority for this AGREEMENT is a U. S. person (including a U.S. resident alien). Taxpayer Identification Number: 37-6000876 Legal Status individual XGovernment Sole Proprietor Nonresident Alien Partnership/Legal Corporation Estate or Trust Tax-exempt Pharmacy(Non Corp.) Corporation providing or billing — Pharmacy/Funeral home/Cemetery medical and/or health care services Corporation NOT providing or __._ Limited Liability Company(select billing medical and/or health care applicable tax classification) services Other ❑ D= Disregarded entity ❑ C= Corporation ❑ P= Partnership R H:td p/pj I\s:\mgr 1\w i n wo rd\p ro g d ev\agreements\joint\j n 421010.d o cx LOCATION MAP VARIOUS ROUTES SECTION D4 !TS SYSTEM 2021 VARIOUS COUNTIES C-34-036-21 Rru L-i1d EJreal A .(_.___ Herr;, • l Ip MErcr 0 f Rtriar� 1 ' hii3rEti:iI Knox s 14 J "--1 L-x,e-r_D-..ni Warren ) F'�' la O E .3d rd A — rij— f,ticDc iC JtJi T��w1E' I f,i��e al Fuaffi I F,1•y{f I �-- E __jfif ------ ria,,,E1:11- Illinois Department of Transportation Office of Highways Project Implementation I Region 3/District 4 401 Main Street I Peoria, Illinois 61602-1111 May 1, 2021 Ms. Diana Pavley-Rock City Clerk City of Canton 2 North Main Street Canton, Illinois 61520 Dear Ms. Pavley-Rock: RE: Traffic Signal Master Agreement The current traffic signal master agreement will expire on June 30, 2021. Subsequently, we have prepared three (3) original copies of a new Traffic Signal Master Agreement, for intersections within your municipality, to be reviewed and signed by an authorized municipal representative. The traffic signal maintenance provisions contained in the new master agreement are essentially the same as the earlier agreement. Please complete all information listed on the attached checklist prior to returning all original agreements to this office, so that we may have the agreement executed by July 1, 2021. One copy of the original signed agreement will be returned to you for your records. If you have any questions, please contact Mr. Ben Tellefson, in our Bureau of Operations, by calling (309) 671-4477. Sincerely, -31 G, Kensil A. Garnett, P.E. Region Three Engineer BJT/Imh s:\gen\winword\desplan\master agreements 2021\2021 cover letters\2021 master agreement cover letter canton.docx Attachments: Information Checklist, Master Agreements (3), Exhibits A&B cc: File Information Checklist for Processing of Traffic Signal Master Agreement Page 1 • Governmental Body Name • Address • City, State, Zip • Remittance Address (if different from above) • City, State, Zip • Telephone Number • Fax Number • FEIN/TIN Page 2 • Signature of Authorized Representative • Type or Print in Black Ink Name of Authorized Representative • Date Page 3 • Local Agency's Legal Name, Address, Attention, and Email Address Page 8 • Section "M"—Tax Identification Number and Legal Status leIllinois Department Intergovernmental Agreement o of Transportation Governmental Body Name City of Canton Address City State Zip Code 2 N. Main Street Canton IL • 61520 Remittance Address(if different from above) City State Zi Code Phone Fax FEIN/TIN DUNS Brief Description of Service(full description specified in Part 5) This is the Master Agreement for Governmental Body maintenance and apportionment of energy costs for traffic control devices located on State highways within or near the Governmental Body as shown on the attached Exhibit A. Compensation Method(full details specified in Part 6) Actual Cost Total Compensation Amount Advance Pay Start Date Agreement Term Expiration Date $114,000 ❑Yes ®No 07/01/21 06/30/31 Printed 04/27/21 Page 1 of 16 BoBS 2804(Rev.04/06/20) REQUIRED SIGNATURES By signing below,the GOVERNMENTAL BODY and the DEPARTMENT agree to comply with and abide by all provisions set forth in Parts 1-8 herein and any Appendices thereto. FOR THE GOVERNMENTAL BODY: Signature Date Name Title ® Check if under$250,000. If under$250,000 the Secretary's signature may be delegated. FOR THE DEPARTMENT: Signature Date Omer Osman,Acting Secretary of Transportation Date • Delegate Name Printed Name Printed Title Signature Date Joanne Woodworth,Acting Chief Fiscal Officer Date Philip C. Kaufmann, Chief Counsel Date (Approved as to form) Printed 04/27/21 Page 2 of 16 BoBS 2804(Rev.04/06/20) INTERGOVERNMENTAL AGREEMENT FOR GOVERNMENTAL BODY MAINTENANCE OF TRAFFIC CONTROL DEVICES This Agreement is by and between Please type or print legibly the GOVERNMENTAL BODY'S legal name and address City of Canton 2 N. Main Street Canton, IL 61520 Attention Email referred to as the GOVERNMENTAL BODY, and the State of Illinois, acting by and through its Department of Transportation, referred to as the DEPARTMENT individually referred to as a PARTY,and collectively referred to as the PARTIES. Part 1 Scope/Compensation/Term Part 2 General Provisions Part 3 Federally Funded Agreements Part 4 Specific Provisions Part 5 Scope of Services/Responsibilities Part 6 Compensation for Services Part 7 Certification Regarding Lobbying Part 8 Agreement Award Notification Part 1 SCOPE/COMPENSATION /TERM A. Scope of Services and Responsibilities The DEPARTMENT and the GOVERNMENTAL BODY agree as specified in Part 5. B. Compensation Compensation(if any)shall be as specified in Part 6. C. Term of Agreement This Agreement will start 07/01/21 and will expire 06/30/31 D. Amendments All changes to this Agreement must be mutually agreed upon by the DEPARTMENT and the GOVERNMENTAL BODY and be incorporated by written amendment, signed by the parties. ® E. Renewal This Agreement may not be renewed. Printed 04/27/21 Page 3 of 16 BoBS 2804(Rev.04/06/20) Part 2 GENERAL PROVISIONS A. Changes If any circumstances or condition in this Agreement changes,the GOVERNMENTAL BODY must notify the DEPARTMENT in writing within seven(7)days. B. Compliance/Governing Law The terms of this Agreement shall be construed in accordance with the laws of the State of Illinois. Any obligations and services performed under this Agreement shall be performed in compliance with all applicable state and federal laws. The Parties hereby enter into this Intergovernmental Agreement pursuant to the Intergovernmental Cooperation Act, 5 ILCS 220/1 et seq. C. Availability of Appropriation This Agreement is contingent upon and subject to the availability of funds.The DEPARTMENT, at its sole option, may terminate or suspend this Agreement, in whole or in part,without penalty or further payment being required, if (1)the Illinois General Assembly or the federal funding source fails to make an appropriation sufficient to pay such obligation, or if funds needed are insufficient for any reason (2)the Governor decreases the DEPARMENT's funding by reserving some or all of the DEPARTMENT's appropriation(s)pursuant to power delegated to the Governor by the Illinois General Assembly;or(3)the DEPARMENT determines, in its sole discretion or as directed by the Office of the Governor,that a reduction is necessary or advisable based upon actual or projected budgetary considerations. GOVERNMENTAL BODY will be notified in writing of the failure of appropriation or of a reduction or decrease. D. Records Inspection The DEPARTMENT or a designated representative shall have access to the GOVERNMENTAL BODY's work and applicable records whenever it is in preparation or progress, and the GOVERNMENTAL BODY shall provide for such access and inspection. E. Records Preservation The GOVERNMENTAL BODY, shall maintain for a minimum of three(3)years after the completion of the Agreement, adequate books, records and supporting documents to verify the amounts, recipients and uses of all disbursements of funds passing in conjunction with the Agreement. F. Cost Category Transfer Request For all transfers between or among appropriated and allocated cost categories, DEPARTMENT approval is required.To secure approval,the GOVERNMENTAL BODY must submit a written request to the DEPARTMENT detailing the amount of transfer,the cost categories from and to which the transfer is to be made, and rationale of the transfer. G. Subcontracting/Procurement Procedures/Employment of DEPARTMENT Personnel 1. Subcontracting-Subcontracting, assignment or transfer of all or part of the interests of the GOVERNMENTAL BODY concerning any of the obligations covered by this Agreement is prohibited without prior written consent of the DEPARTMENT. 2. Procurement of Goods or Services-Federal Funds For purchases of products or services with any Federal funds that cost more than$3,000.00 but less than the simplified acquisition threshold fixed at 41 U.S.C. 134, (currently set at $100,000.00)the GOVERNMENTAL BODY shall obtain price or rate quotations from an adequate number(at least three)of qualified sources. Procurement of products or services with any Federal funds for$100,000 or more will require the GOVERNMENTAL BODY to use the Invitation for Bid process or the Request for Proposal process. In the absence of formal codified procedures of the GOVERNMENTAL BODY,the procedures of the DEPARTMENT will be used, provided that the procurement procedures conform to the provisions in Part 3(K)below.The GOVERNMENTAL BODY may only procure products or services from one source with any Federal funds if: (1)the products or services are available only from a single source; or(2)the DEPARTMENT authorizes such a procedure; or, (3)the DEPARTMENT determines competition is inadequate after solicitation from a number of sources. 3. Procurement of Goods or Services-State Funds For purchases of products or services with any State of Illinois funds that cost more than$20,000.00, ($10,000.00 for professional and artistic services)but less than the small purchase amount set by the Illinois Procurement Code Rules, currently set at$80,000.00; and$20,000.00 for professional and artistic services, (See 30 ILCS 500/20-20(a)and 44 III.Admin Code 6.100)the GOVERNMENTAL BODY shall obtain price or rate quotations from an adequate number(at least three)of qualified sources. Procurement of products or services with any State of Illinois funds for$80,000.00 or more for goods and services and$20,000.00 or more for professional and artistic services will require the GOVERNMENTAL BODY to use the Invitation for Bid process or the Request for Proposal process. In the absence of formal codified procedures of the GOVERNMENTAL BODY,the procedures of the DEPARTMENT will be used.The GOVERNMENTAL BODY may only procure products or services from one source with any State of Illinois funds if: (1)the products or services are available only from a single source; or (2)the DEPARTMENT authorizes such a procedure; or, (3)the DEPARTMENT determines competition is inadequate after solicitation from a number of sources. The GOVERNMENTAL BODY shall include a requirement in all contracts with third parties that the contractor or consultant will comply with the requirements of this Agreement in performing such contract, and that the contract is subject to the terms and conditions of this Agreement. 4. EMPLOYMENT OF DEPARTMENT PERSONNEL The GOVERNMENTAL BODY will not employ any person or persons currently employed by the DEPARTMENT for any work required by the terms of this Agreement. Printed 04/27/21 Page 4 of 16 BoBS 2804(Rev.04/06/20) Part 3 ® FEDERALLY FUNDED AGREEMENTS [Not applicable to this Agreement] Printed 04/27/21 Page 5 of 16 BoBS 2804(Rev.04/06/20) PART 4 SPECIFIC PROVISIONS A. Invoices Invoices submitted by the GOVERNMENTAL BODY will be for costs that have been incurred to complete the Part 5, Scope of Services. If the GOVERNMENTAL BODY's invoices are deemed by the DEPARTMENT or auditors to not be sufficiently documented for work completed,the DEPARTMENT may require further records and supporting documents to verify the amounts, recipients and users of all funds invoiced pursuant to this Agreement. Furthermore, if any of the deliverables in Part 5 are not satisfactorily completed, GOVERNMENTAL BODY will refund payments made under this agreement to the extent that such payments were made for any such incomplete or unsatisfactory deliverable. Any invoices/bills issued by the GOVERNMENTAL BODY to the DEPARTMENT pursuant to this Agreement shall be sent to the following address: Illinois Department of Transportation Attention Ben Tellefson Address 401 Main Street City State Zip Code Peoria IL 61602 All invoices shall be signed by an authorized representative of the GOVERNMENTAL BODY. B. Billing and Payment All invoices for services performed and costs incurred by the GOVERNMENTAL BODY prior to July 1st of each year must be presented to the DEPARTMENT no later than July 31st of that same year for payment under this Agreement. Notwithstanding any other provision of this Agreement,the DEPARTMENT shall not be obligated to make payment to the GOVERNMENTAL BODY on invoices presented after said date. Failure by the GOVERNMENTAL BODY to present such invoices prior to said date may require the GOVERNMENTAL BODY to seek payment of such invoices through the Illinois Court • of Claims and the Illinois General Assembly. No payments will be made for services performed prior to the effective date of this Agreement.The DEPARMENT will direct all payments to the GOVERNMENTAL BODY's remittance address listed in this Agreement. C. Termination This Agreement may be terminated by either party by giving thirty(30)calendar days written notice. If the DEPARTMENT is dissatisfied with the GOVERNMENTAL BODY's performance or believes that there has been a substantial decrease in the GOVERNMENTAL BODY's performance,the DEPARTMENT may give written notice that remedial action shall be taken by the GOVERNMENTAL BODY within seven(7)calendar days. If such action is not taken within the time afforded, the DEPARTMENT may terminate the Agreement by giving seven (7)calendar days written notice to the GOVERNMENTAL BODY. In either instance,the GOVERNMENTAL BODY shall be paid for the value of all authorized and acceptable work performed prior to the date of termination, including non-cancelable obligations made prior to receipt of notice of termination and for which work will be completed within thirty(30)days of receipt of notice of termination, based upon the payment terms set forth in the Agreement. D. Location of Service Service to be performed by the GOVERNMENTAL BODY shall be performed as described in Part 5. E. Ownership of Documents/Title to Work All documents, data and records produced by the GOVERNMENTAL BODY in carrying out the GOVERNMENTAL BODY's obligations and services hereunder,without limitation and whether preliminary or final, shall become and remain the property of the DEPARTMENT. The DEPARTMENT shall have the right to use all such documents, data and records without restriction or limitation and without additional compensation to the GOVERNMENTAL BODY.All documents, data and records utilized in performing research shall be available for examination by the DEPARTMENT Upon request. Upon completion of the services hereunder or at the termination of this Agreement, all such documents, data and records shall, at the option of the DEPARTMENT, be appropriately arranged, indexed and delivered to the DEPARTMENT by the GOVERNMENTAL BODY. F. Software All software and related computer programs produced and developed by the GOVERNMENTAL BODY(or authorized contractor or subcontractor thereof)in carrying out the GOVERNMENTAL BODY's obligation hereunder,without limitation and whether preliminary or final, shall become and remain the property of both the DEPARTMENT and the GOVERNMENTAL BODY. The DEPARTMENT shall be free to sell, give, offer or otherwise provide said software and related computer programs to any other agency, department, commission, or board of the State of Illinois, as well as any other agency,department, commission, board, or other governmental entity of any country, state, county, municipality, or any other unit of local government, or to any entity consisting of representatives of any unit of government, for official use by said entity.Additionally,the DEPARTMENT shall be free to offer or otherwise provide said software and related computer programs to any current or future contractor. The DEPARTMENT agrees that any entity to whom the software and related computer programs will be given, sold or otherwise offered shall be granted only a use license, limited to use for official or authorized purposes, and said entity shall otherwise be prohibited from selling,giving or otherwise offering said software and related computer programs without the written consent of both the DEPARTMENT and the GOVERNMENTAL BODY. Printed 04/27/21 Page 6 of 16 BoBS 2804(Rev.04/06/20) G. Confidentiality Clause Any documents, data, records, or other information given to or prepared by the GOVERNMENTAL BODY pursuant to this Agreement shall not be made available to any individual or organization without prior written approval by the DEPARTMENT.All information secured by the GOVERNMENTAL BODY from the DEPARTMENT in connection with the performance of services pursuant to this Agreement shall be kept confidential unless disclosure of such information is approved in writing by the DEPARTMENT. H. Compliance with Freedom of Information Act. Upon request, GOVERNMENTAL BODY shall make available to DEPARTMENT all documents in its possession that DEPARTMENT deems necessary to comply with requests made under the Freedom of Information Act. (5 ILCS 140/7(2)). Reporting/Consultation The GOVERNMENTAL BODY shall consult with and keep the DEPARTMENT fully informed as to the progress of all matters covered by this Agreement. J. Travel Expenses Expenses for travel, lodging, or per diem is NOT allowed pursuant to this Agreement. K. Indemnification Unless prohibited by State law,the GOVERNMENTAL BODY agrees to hold harmless and indemnify the DEPARTMENT, and its officials,employees, and agents, from any and all losses,expenses, damages(including loss of use), suits, demands and claims, and shall defend any suit or action,whether at law or in equity, based on a alleged injury or damage of any type arising from the actions or inactions of the GOVERNMENTAL BODY and/or the GOVERNMENTAL BODY's employees, officials, agents, contractors and subcontractors, and shall pay all damages,judgments, costs, expenses, and fees, including attorney's fees, incurred by the DEPARTMENT and its officials, employees and agents in connection therewith. GOVERNMENTAL BODY shall defend, indemnify and hold the DEPARTMENT harmless against a third-party action, suit or proceeding("Claim")against the DEPARTMENT to the extent such Claim is based upon an allegation that a Product, as of its delivery date under this Agreement, infringes a valid United States patent or copyright or misappropriates a third party's trade secret. L. Equal Employment Practice The GOVERNMENTAL BODY must comply with the"Equal Employment Opportunity Clause" required by the Illinois Department of Human Rights. The GOVERNMENTAL BODY must include a requirement in all contracts with third parties(contractor or consultant)to comply with the requirements of this clause.The Equal Employment Opportunity Clause reads as follows: In the event that the GOVERMENTAL BODY, its contractor or consultant fails to comply with any provisions of this Equal Employment Opportunity Clause,the Illinois Human Rights Act Rules and Regulations of the Illinois Department of Human Rights ("IDHR"),the GOVERNMENTAL BODY, its contractor or consultant may be declared ineligible for future contracts or subcontracts with the state of Illinois or any of its political subdivisions or municipal corporations, and the contract may be canceled or voided in whole or in part, and such other sanctions or penalties may be imposed or remedies invoked as provided by statute or regulation. During the performance of this contract,the GOVERNMENTAL BODY agrees as follows: 1. That it will not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, ancestry, age, physical or mental handicap unrelated to ability, or an unfavorable discharge from military service; and further that it will examine all job classifications to determine if minority persons or women are underutilized and will take appropriate affirmative action to rectify any such underutilization; 2. That, if it hires additional employees in order to perform this contract or any portion thereof, it will determine the availability(in accordance with IDHR's Rules and Regulations)of minorities and women in the area(s)from which it may reasonably recruit and it will hire for each job classification for which employees are hired in such a way that minorities and women are not underutilized. 3. That, in all solicitations or advertisements for employees placed by it or on its behalf, it will state that all applicants will be afforded equal opportunity without discrimination because of race, color, religion, sex, national origin or ancestry, physical or mental handicap unrelated to ability,or an unfavorable discharge from military service; 4. That it will send to each labor organization or representative of workers with which it has or is bound by a collective bargaining or other agreement or understanding, a notice advising such labor organizations or representative of the contractor's obligations under the Illinois Human Rights Act and IDHR's Rules and Regulations. If any such labor organization or representative fails or refuses to cooperate with the contractor in its efforts to comply with such Act and Rules and Regulations,the contractor will promptly notify IDHR and the contracting agency and will recruit employees from other sources when necessary to fulfill its obligations thereunder; 5. That it will submit reports as required by IDHR's Rules and Regulations,furnish all relevant information as may from time to time be requested by IDHR or the contracting agency, and in all respects comply with the Illinois Human Rights Act and IDHR's Rules and Regulations; Printed 04/27/21 Page 7 of 16 BoBS 2804(Rev.04/06/20) 6. That it will permit access to all relevant books, records, accounts, and work sites by personnel of the contracting agency and IDHR for purposes of investigation to ascertain compliance with the Illinois Human Rights Act and IDHR's Rules and Regulations; 7. That it will include verbatim or by reference the provisions of this Clause in every contract and subcontract it awards under which any portion of the contract obligations are undertaken or assumed, so that such provisions will be binding upon such subcontractor. In the same manner as with other provisions of this Agreement, the GOVERNMENTAL BODY, its contractor or consultant will be liable for compliance with applicable provisions of this clause; and further it will promptly notify the contracting agency and the Department in the event any of its contractor or subcontractor fails or refuses to comply therewith. In addition,the GOVERNMENTAL BODY will not utilize any contractor or subcontractor declared by the Illinois Human Rights Commission to be ineligible for contracts or subcontracts with the state of Illinois or any of its political subdivisions or municipal corporations; 8. The GOVERNMENTAL BODY must have written sexual harassment policies that include, at a minimum,the following information: (i)the illegality of sexual harassment; (ii)the definition of sexual harassment, under State law; (iii)a description of sexual harassment, utilizing examples; (iv)the Grantee's internal complaint process including penalties; (v)the legal recourse, investigative, and complaint process available through the Department of Human Rights and the Human Rights Commission; (vi)directions on how to contact the Department and Commission; and (vii)protection against retaliation as provided by Section 6-101 of the Illinois Human Rights Act.A copy of the policies must be provided to the DEPARTMENT upon request; and In addition,the GOVERNMENTAL BODY is subject to the Illinois Human Rights Act, 775 ILCS 5/1-101 et seq.,which prohibits discrimination in connection with the availability of public accommodations. M. Tax Identification Number GOVERNMENTAL BODY certifies that: 1. The number shown on this form is a correct taxpayer identification number(or it is waiting for a number to be issued), and 2. It is not subject to backup withholding because: (a)it is exempt from backup withholding, or(b)has not been notified by the Internal Revenue Service(IRS)that it is subject to backup withholding as a result of a failure to report all interest or dividends,or(c)the IRS has notified the GOVERNMENTAL BODY that it is no longer subject to backup withholding, and 3. It is a U.S. entity(including a U.S. resident alien). NAME OF GOVERNMENTAL BODY:City of Canton Taxpayer Identification Number: Legal Status(check one): ❑ Tax-exempt ® Government ❑ Other N. International Boycott The GOVERNMENTAL BODY certifies that neither GOVERNMENTAL BODY nor any substantially owned affiliate is participating or shall participate in an international boycott in violation of the U.S. Export Administration Act of 1979 or the applicable regulations of the U.S. Department of Commerce.This applies to contracts that exceed$10,000(30 ILCS 582). 0. Forced Labor The GOVERNMENTAL BODY certifies it complies with the State Prohibition of Goods from Forced Labor Act, and certifies that no foreign-made equipment, materials, or supplies furnished to the DEPARTMENT under this Agreement have been or will be produced in whole or in part by forced labor, or indentured labor under penal sanction (30 ILCS 583). P. Equipment The DEPARTMENT and the GOVERNMENTAL BODY agree to the following: 1. The GOVERNMENTAL BODY must obtain the DEPARTMENT'S written approval prior to purchasing any equipment with funds acquired under this Agreement; 2. The GOVERNMENTAL BODY acknowledges that the DEPARTMENT is under no obligation to approve, and the DEPARTMENT may, if it approves, subject that approval to additional terms and conditions as the DEPARTMENT may require; 3. The GOVERNMENTAL BODY acknowledges that any equipment purchased under this Agreement must remain the property of the DEPARTMENT; 4. The GOVERNMENTAL BODY must use the equipment for the authorized purpose under Part 5(Scope of Service/ Responsibilities)and Part 6(Compensation)during the period of performance or the equipment's entire useful life; 5. The GOVERNMENTAL BODY must not sell,transfer, encumber, or otherwise dispose of any equipment that is acquired under this Agreement without prior DEPARTMENT'S written approval; 6. In cases where the GOVERNMENTAL BODY fails to dispose of any equipment properly, as determined by the DEPARTMENT,the GOVERNMENTAL BODY may be required to reimburse the DEPARTMENT for the cost of the equipment; and 7. For purposes of this provision, "equipment" includes any tangible or intangible product, having a useful life of two years or more, an acquisition cost of at least$100, and used solely in GOVERNMENTAL BODY's performance under this Agreement. Printed 04/27/21 Page 8 of 16 BoBS 2804(Rev.04/06/20) PART 5 SCOPE OF SERVICE/RESPONSIBILITIES A. Cost. The DEPARTMENT and the GOVERNMENTAL BODY agree to the maintenance responsibility and to the division of energy costs, for the traffic signals, and other traffic control devices listed on the attached Exhibit A, which is hereby made part of this Agreement and shaded or highlighted. B. Maintenance. Modernization of traffic control devices is not covered under this Agreement. It is agreed that the actual maintenance will be performed by the DEPARTMENT indicated on Exhibit A, either with its own forces or through the DEPARTMENT'S authorized electrical maintenance contractor. The GOVERNMENTAL BODY shall promptly notify the DEPARTMENT of all traffic signal malfunctions and required maintenance and repair work. The DEPARTMENT shall investigate and issue a work order to the electrical maintenance contractor for all repair work deemed necessary. C. Maintenance Level. It is agreed that the signals and devices shall be maintained to at least the level of maintenance specified in the attached Exhibit B, which is hereby made part of this Agreement. It is understood this will meet the minimum requirements of the Illinois Manual on Uniform Traffic Control Devices for Streets and Highways. Additional provisions regarding maintenance may be incorporated in this document as agreed upon by both parties. The DEPARTMENT will release maintenance work to the authorized electrical maintenance contractor as needed to ensure that traffic signals are maintained to the levels specified in Exhibit B. D. Interconnect&Timing. "Railroad interconnect" shall mean an electrical connection between a traffic signal controller and a railside railroad control system. A "signal interconnect" shall mean an electrical connection between two on-street traffic signal controllers or between a master controller and a central signal system. The GOVERNMENTAL BODY agrees to maintain all signal equipment and connection of railroad crossing warning devices with signal controller. The DEPARTMENT, in cooperation with the GOVERNMENTAL BODY, shall determine the signal timing to coordinate and regulate the flow of traffic. No signal timing shall be changed at any state system intersection without prior DEPARTMENT approval. The DEPARTMENT may elect to allow the GOVERNMENTAL BODY to determine the signal timing to coordinate and regulate the flow of traffic at any location. The GOVERNMENTAL BODY shall inform the DEPARTMENT of any changes made in signal timings. The DEPARTMENT reserves the right to withdraw the privilege of timing signals from the GOVERNMENTAL BODY at any time. A railroad interconnect shall not be modified without prior notification to and approval by the Illinois Commerce Commission and the DEPARTMENT. If a railroad interconnect needs repairs, such repairs shall not be performed without prior notification and approval, if required, by the Illinois Commerce Commission and the Department. E. Interconnections: Installation and Damage. The DEPARTMENT will not be responsible for the cost of installing or maintaining traffic signals and signal system interconnects not on but interconnected to traffic signals on U.S. or State routes. Any damage done to State traffic signals in the attempt to connect local traffic signals shall be repaired to the DEPARTMENT'S satisfaction and shall be the responsibility of the GOVERNMENTAL BODY. F. Traffic Signal Remote Monitoring and Management Costs. Master controllers and other types of communications equipment installed on State intersections for the coordination of traffic signals are primarily used for the traffic signals located on U.S. or State routes. The GOVERNMENTAL BODY may connect traffic signals to a State owned master controller or Central System for the coordination or operation of non-State owned traffic signals, for the purpose of synchronizing time or gaining remote access. If the GOVERNMENTAL BODY desires a communications link to its office for monitoring purposes, the GOVERNMENTAL BODY shall pay the entire cost of installing and maintaining such monitoring system. The DEPARTMENT shall reimburse the GOVERNMENTAL BODY for 100% of the cost for installing and monthly servicing of short, remote strategic, and independent communication links. These cost effective pathways shall reduce the reliance on, and the pay out to the telecom industry, and are established by the GOVERNMENTAL BODY at the DEPARTMENT'S request to be used for the remote monitoring and management of safe and efficient traffic signals located on U.S. or State routes. Printed 04/27/21 Page 9 of 16 BoBS 2804(Rev.04/06/20) G. Payment for Energy Costs. The DEPARTMENT will reimburse the GOVERNMENTAL BODY for the DEPARTMENT'S proportionate share of energy charges. H. Costs for Pavement Markings. Inspect pavement markings and replace as necessary to insure proper motorist, pedestrian, and bicyclist guidance—including green pavement markings for bicyclists. Insure that stop bars, symbols and crosswalks are in good condition. In District 1, all work is the responsibility of the GOVERNMENTAL BODY. Whereas, in District 2 through District 9, the cost of pavement markings is shared between the DEPARTMENT and the GOVERNMENTAL BODY according to Exhibit A. I. Maintenance Contractors. Maintenance contracts shall be subject to DEPARTMENT approval prior to award. The DEPARTMENT, after consultation with the GOVERNMENTAL BODY, reserves the right to reject any electrical/maintenance contractor assigned work by the GOVERNMENTAL BODY that, in the judgment of the DEPARTMENT, has proposed or bid rates or charges in excess of usual and customary rates for the type of work being performed. Maintenance contractors shall have a minimum of three years of verifiable experience in the maintenance and repair of traffic signals. The GOVERNMENTAL BODY shall utilize the DEPARTMENT'S authorized electrical maintenance contractor to perform traffic signal maintenance and repair work. The DEPARTMENT shall be responsible for bidding and administering electrical maintenance contracts. J. Emergency Vehicle Preemption Devices. The costs of installation, timing, phasing, and maintenance of emergency vehicle preemption systems shall be the sole responsibility of the GOVERNMENTAL BODY. Any GOVERNMENTAL BODY must notify the DEPARTMENT of any change in the emergency vehicle preemption system. However, the DEPARTMENT reserves the right to approve or reject, at any time, the placement of such systems on its traffic signal equipment. K. Existing Agreements or Letters of Understanding. All parking ordinances and provisions bearing on items other than traffic signal and traffic control device maintenance and energy charges contained in presently existing agreements or letters of understanding between the DEPARTMENT and the GOVERNMENTAL BODY shall remain in full force and effect. L. Modification. Exhibit A can be modified to add or delete signals or devices, but only by written revision signed by the DEPARTMENT'S Regional Engineer and its Engineer of Operations, and the authorized representative for the GOVERNMENTAL BODY. The modification shall be effective when fully executed and filed with the DEPARTMENT and the Clerk or Secretary of the GOVERNMENTAL BODY. This provision applies only to modifications of Exhibit A. This Agreement can be modified according to Part 1.D, by completing the Intergovernmental Agreement Amendment. M. Plan Review. All traffic signal plans prepared by others for installation on State highways within municipal corporate limits, which are to be added to this Agreement, must be reviewed and approved by the DEPARTMENT and the GOVERNMENTAL BODY. Printed 04/27/21 Page 10 of 16 BoBS 2804(Rev.04/06/20) PART 6 COMPENSATION FOR SERVICES Funding Not Applicable Subtotal Local Match Provided Through the GOVERNMENTAL BODY GRAND TOTAL Funding Breakdown The DEPARTMENT and GOVERNMENTAL BODY agree to the following funding requirements: A. Cost Sharing. As indicated in Exhibit A, the cost of energy and maintenance of traffic signals, and/or other traffic control devices generally are shared in proportion to the number of approaches maintained by each unit of government however, other DEPARTMENT policies and practices requires cost sharing of energy and maintenance to be based on other criteria besides the number of approaches maintained. The maintenance cost of the interconnect and interconnect related equipment, as listed in Exhibit A, as well as engineering costs for any approved coordination and timing studies, shall be shared in proportion to the approaches maintained by each unit of government at all intersections within the interconnected system, unless otherwise agreed to in a permit or by other agreement. The share of the signal maintenance cost at an intersection will be borne one hundred percent by the DEPARTMENT where the ADT for the route is more than or equal to 35,000. The one hundred percent share will not apply to signal modernization, energy charges, new signal, and signal timing. i. The GOVERNMENTAL BODY will be responsible for the maintenance costs of all traffic signals and/or other traffic control devices related to a roadway or roadways that has or have been jurisdictionally transferred by the DEPARTMENT to the GOVERNMENTAL BODY in a prior agreement(s). B Billing. Maintenance and repair invoices shall be submitted on a monthly basis. Energy invoices shall be submitted on a quarterly, bi-annual, or annual basis. The amount billed shall be the costs incurred less any proceeds from third party damage claims received during the billing period for repair of signals or devices that are the responsibility of the DEPARTMENT. ii. Any proposed single expenditure in excess of$10,000.00 for repair or damage to an installation must be approved by the DEPARTMENT before the expenditure is made. iii. The hours, or parts thereof, billed for each maintenance item will be at the actual time directly related to the work task. The DEPARTMENT reserves the right to examine the records of the GOVERNMENTAL BODY to determine that costs billed are fully documented. iv. The cost for contracted work will be the actual cost for the contractor. v. Upon completion of a work order or maintenance directive issued by the DEPARTMENT to the DEPARTMENT'S authorized electrical maintenance contractor, the DEPARTMENT shall direct the maintenance contractor to submit completed invoices and all supporting documentation to the DEPARTMENT for review and approval. vi. After reviewing the contractor invoices, the DEPARTMENT shall forward the approved invoices to the GOVERNMENTAL BODY which shall reimburse the maintenance contractor in full for the entire approved amount. vii. The GOVERNMENTAL BODY shall invoice the DEPARTMENT for the DEPARTMENT'S share in accordance with percentages listed in Exhibit A. a. Maintenance of the traffic signals shall be performed by the GOVERNMENTAL BODY through the Printed 04/27/21 Page 11 of 16 BoBS 2804(Rev.04/06/20) DEPARTMENT'S approved electrical contractor. If, at any time, the contractor fails to perform any work deemed necessary by the DEPARTMENT'S Regional Engineer to keep the traffic signals in proper operating condition, or if the Engineer finds it impossible to contact the designated persons to perform any work, the DEPARTMENT reserves the right to have other electrical contractors perform the needed work. The cost of such work will be invoiced to the GOVERNMENTAL BODY directly from the appointed contractor providing the service. C. Notices. Notices under this Agreement shall be directed to the following addresses by regular mail or email to the address shown below: For the DEPARTMENT: For the GOVERNMENTAL BODY: Budget Not Applicable Printed 04/27/21 Page 12 of 16 BoBS 2804(Rev.04/06/20) PART 7 CERTIFICATION REGARDING LOBBYING (49 CFR PART 20) ® [NOT APPLICABLE TO THIS AGREEMENT] Printed 04/27/21 Page 13 of 16 BoBS 2804(Rev.04/06/20) PART 8 AGREEMENT AWARD NOTIFICATION REQUIRED FOR ALL PROJECTS Does this project receive Federal funds? ❑ Yes ® No Amount of Federal funds Name of Project Federal Project Number CFDA Number*, Federal Agency, Program Title *For CFDA(Catalog of Federal Domestic Assistance) Number, refer to original Federal Award/Grant Agreement. REMAINDER OF THIS PAGE IS INTENTIONALLY BLANK Printed 04/27/21 Page 14 of 16 BoBS 2804(Rev.04/06/20) ANNUAL CERTIFICATION FOR SINGLE AUDIT COMPLIANCE NOTICE • The certification applies ONLY to governmental agencies, local units of government and non-profit agencies expending federal funds for this project. It does not apply to for-profit public or private entities. • If 2 CFR Part 200, Subpart F, Section 200.501,Audit Requirements applies to your organization, submit the certification or a copy of your single audit to the DEPARTMENT at the end of your fiscal year for any fiscal year in which you expended any federal funds related to this contract. NOTE:ANNUAL COMPLIANCE WITH THIS REQUIREMENT IS MANDATORY FOR EVERY YEAR IN WHICH FEDERAL FUNDS ARE EXPENDED FOR THIS PROJECT BY ANY STATES, LOCAL GOVERNMENTS OR NONPROFIT ORGANIZATIONS.FAILURE TO COMPLY WITH THE ANNUAL CERTIFICATION TO THE DEPARTMENT WILL RESULT IN SUSPENSION OF PAYMENTS TO REIMBURSE PROJECT COSTS. In accordance with 2 CFR Part 200, Subpart F, Section 200.501,Audit Requirements, non-federal entities that expend$750,000 or more in Federal awards in a year are required to have a single audit. The DEPARTMENT is required by federal law to obtain and review the single audit of all entities that had any federally participating funds pass through it, irrespective of the amount provided by the DEPARTMENT. It is the responsibility of the agencies expending Federal funds to comply with the requirements and determine whether they are required to have a single audit performed. In order to comply with the requirements, your agency must provide the following information to the DEPARTMENT on an annual basis for every year in which you expended funds for costs associated with this project: 1. If your agency expended$750,000 or more in Federal awards from all sources, including other agencies, in a year, you are required to have a single audit performed, and submit a copy of the report to the DEPARTMENT within the earlier of 30 days after completion of the single audit or no more than nine months after the end of your fiscal year end. 2. If your agency expended less than$750,000 in Federal awards from all sources, including other agencies, in any fiscal year for which you expended funds for project costs, and were not required to conduct a single audit,you must complete and return the certification statement. 3. If your agency receives multiple awards from the DEPARTMENT, only one annual submittal of this information is required. Please submit a copy of your single audit or the Single Audit Not Required Certification to: Illinois Department of Transportation Audit Coordination Section, Rm. 303 2300 South Dirksen Parkway Springfield, IL 62764 The single audit must be comprised of four parts.You have the option of including the four parts in one report or a combination of reports. The four parts are commonly known as: 1. Comprehensive Annual Financial Report(Financial Statements). 2. Schedule of Expenditures of Federal Awards and Independent Auditor's Report thereon. 3. Independent Auditor's Report on Internal Control over Financial Reporting and on Compliance and other matters based on an Audit of Financial Statements performed in accordance with Government Auditing Standards. 4. Independent Auditor's Report on Compliance with Requirements Applicable to each Major Program and on Internal Control over Compliance in accordance with 2 CFR Part 200. Additional information which should be submitted: 1. Corrective Action Plan(s), if applicable, 2. Management Letter, if applicable, and 3. Status of Prior Year Findings, if applicable. For your convenience, you may also submit the information via email to DOT:AuditRe_view a illinois.gov or via fax at 217/782-5634. If you have any questions, please contact the Audit Coordination Section at 217/782-6041. Printed 04/27/21 Page 15 of 16 BoBS 2804(Rev.04/06/20) NOTICE Do not submit this certification to the DEPARTMENT with your signed contract. • The certification applies ONLY to governmental agencies, local units of government and non-profit agencies expending Federal funds for this project. It does not apply to for-profit public or private entities. • If 2 CFR Part 200, Subpart F, Section 200.501,Audit Requirements applies to your organization, submit the certification or a copy of your single audit to the DEPARTMENT at the end of your fiscal year for any fiscal year in which you expended any Federal funds related to this contract. Single Audit Not Required Certification I certify that expended less than$750,000 in Federal awards in our fiscal year , and was not required to have a single audit conducted. Signature Date Title Subrecipient Contact Information Subrecipient Contact Person Title Address City State Zi Code Phone Fax Fiscal Year End E-mail Printed 04/27/21 Page 16 of 16 BoBS 2804(Rev.04/06/20) Illinois Department Intergovernmental Agreement of Transportation Governmental Body Name City of Canton Address City State Zip Code 2 N. Main Street Canton IL 61520 Remittance Address(if different from above) City State Zi Code Phone Fax FEIN/TIN DUNS Brief Description of Service(full description specified in Part 5) This is the Master Agreement for Governmental Body maintenance and apportionment of energy costs for traffic control devices located on State highways within or near the Governmental Body as shown on the attached Exhibit A. Compensation Method(full details specified in Part 6) Actual Cost Total Compensation AmountAdvance Pay Start DateAgreement Term Expiration Date $114,000 ❑Yes ®No 07/01/21 06/30/31 Printed 04/27/21 Page 1 of 16 BoBS 2804(Rev.04/06/20) REQUIRED SIGNATURES By signing below,the GOVERNMENTAL BODY and the DEPARTMENT agree to comply with and abide by all provisions set forth in Parts 1-8 herein and any Appendices thereto. FOR THE GOVERNMENTAL BODY: Signature Date Name Title ® Check if under$250,000. If under$250,000 the Secretary's signature may be delegated. FOR THE DEPARTMENT: Signature Date Omer Osman,Acting Secretary of Transportation Date Delegate Name Printed Name Printed Title Signature Date Joanne Woodworth,Acting Chief Fiscal Officer Date Philip C. Kaufmann, Chief Counsel Date (Approved as to form) Printed 04/27/21 Page 2 of 16 BoBS 2804(Rev.04/06/20) INTERGOVERNMENTAL AGREEMENT FOR GOVERNMENTAL BODY MAINTENANCE OF TRAFFIC CONTROL DEVICES This Agreement is by and between Please type or print legibly the GOVERNMENTAL BODY'S legal name and address City of Canton 2 N. Main Street Canton, IL 61520 Attention Email referred to as the GOVERNMENTAL BODY, and the State of Illinois, acting by and through its Department of Transportation, referred to as the DEPARTMENT individually referred to as a PARTY, and collectively referred to as the PARTIES. Part 1 Scope/Compensation/Term Part 2 General Provisions Part 3 Federally Funded Agreements Part 4 Specific Provisions Part 5 Scope of Services/Responsibilities Part 6 Compensation for Services Part 7 Certification Regarding Lobbying Part 8 Agreement Award Notification Part 1 SCOPE/ COMPENSATION /TERM A. Scope of Services and Responsibilities The DEPARTMENT and the GOVERNMENTAL BODY agree as specified in Part 5. B. Compensation Compensation(if any)shall be as specified in Part 6. C. Term of Agreement This Agreement will start 07/01/21 and will expire 06/30/31 D. Amendments All changes to this Agreement must be mutually agreed upon by the DEPARTMENT and the GOVERNMENTAL BODY and be incorporated by written amendment, signed by the parties. ® E. Renewal This Agreement may not be renewed. Printed 04/27/21 Page 3 of 16 BoBS 2804(Rev.04/06/20) Part 2 GENERAL PROVISIONS A. Changes If any circumstances or condition in this Agreement changes,the GOVERNMENTAL BODY must notify the DEPARTMENT in writing within seven(7)days. B. Compliance/Governing Law The terms of this Agreement shall be construed in accordance with the laws of the State of Illinois. Any obligations and services performed under this Agreement shall be performed in compliance with all applicable state and federal laws. The Parties hereby enter into this Intergovernmental Agreement pursuant to the Intergovernmental Cooperation Act, 5 ILCS 220/1 et seq. C. Availability of Appropriation This Agreement is contingent upon and subject to the availability of funds. The DEPARTMENT, at its sole option, may terminate or suspend this Agreement, in whole or in part,without penalty or further payment being required, if (1)the Illinois General Assembly or the federal funding source fails to make an appropriation sufficient to pay such obligation, or if funds needed are insufficient for any reason(2)the Governor decreases the DEPARMENT's funding by reserving some or all of the DEPARTMENT'S appropriation(s)pursuant to power delegated to the Governor by the Illinois General Assembly; or(3)the DEPARMENT determines, in its sole discretion or as directed by the Office of the Governor,that a reduction is necessary or advisable based upon actual or projected budgetary considerations. GOVERNMENTAL BODY will be notified in writing of the failure of appropriation or of a reduction or decrease. D. Records Inspection The DEPARTMENT or a designated representative shall have access to the GOVERNMENTAL BODY's work and applicable records whenever it is in preparation or progress, and the GOVERNMENTAL BODY shall provide for such access and inspection. E. Records Preservation The GOVERNMENTAL BODY, shall maintain for a minimum of three(3)years after the completion of the Agreement, adequate books, records and supporting documents to verify the amounts, recipients and uses of all disbursements of funds passing in conjunction with the Agreement. F. Cost Category Transfer Request For all transfers between or among appropriated and allocated cost categories, DEPARTMENT approval is required.To secure approval,the GOVERNMENTAL BODY must submit a written request to the DEPARTMENT detailing the amount of transfer,the cost categories from and to which the transfer is to be made, and rationale of the transfer. G. Subcontracting/Procurement Procedures/Employment of DEPARTMENT Personnel 1. Subcontracting-Subcontracting, assignment or transfer of all or part of the interests of the GOVERNMENTAL BODY concerning any of the obligations covered by this Agreement is prohibited without prior written consent of the DEPARTMENT. 2. Procurement of Goods or Services-Federal Funds For purchases of products or services with any Federal funds that • cost more than$3,000.00 but less than the simplified acquisition threshold fixed at 41 U.S.C. 134, (currently set at $100,000.00)the GOVERNMENTAL BODY shall obtain price or rate quotations from an adequate number(at least three)of qualified sources. Procurement of products or services with any Federal funds for$100,000 or more will require the GOVERNMENTAL BODY to use the Invitation for Bid process or the Request for Proposal process. In the absence of formal codified procedures of the GOVERNMENTAL BODY,the procedures of the DEPARTMENT will be used, provided that the procurement procedures conform to the provisions in Part 3(K)below. The GOVERNMENTAL BODY may only procure products or services from one source with any Federal funds if: (1)the products or services are available only from a single source; or(2)the DEPARTMENT authorizes such a procedure; or, (3)the DEPARTMENT determines competition is inadequate after solicitation from a number of sources. 3. Procurement of Goods or Services-State Funds For purchases of products or services with any State of Illinois funds that cost more than$20,000.00, ($10,000.00 for professional and artistic services)but less than the small purchase amount set by the Illinois Procurement Code Rules, currently set at$80,000.00; and$20,000.00 for professional and artistic services, (See 30 ILCS 500/20-20(a)and 44 III.Admin Code 6.100)the GOVERNMENTAL BODY shall obtain price or rate quotations from an adequate number(at least three)of qualified sources. Procurement of products or services with any State of Illinois funds for$80,000.00 or more for goods and services and$20,000.00 or more for professional and artistic services will require the GOVERNMENTAL BODY to use the Invitation for Bid process or the Request for Proposal process. In the absence of formal codified procedures of the GOVERNMENTAL BODY,the procedures of the DEPARTMENT will be used.The GOVERNMENTAL BODY may only procure products or services from one source with any State of Illinois funds if: (1)the products or services are available only from a single source; or (2)the DEPARTMENT authorizes such a procedure; or, (3)the DEPARTMENT determines competition is inadequate after solicitation from a number of sources. The GOVERNMENTAL BODY shall include a requirement in all contracts with third parties that the contractor or consultant will comply with the requirements of this Agreement in performing such contract, and that the contract is subject to the terms and conditions of this Agreement. 4. EMPLOYMENT OF DEPARTMENT PERSONNEL The GOVERNMENTAL BODY will not employ any person or persons currently employed by the DEPARTMENT for any work required by the terms of this Agreement. Printed 04/27/21 Page 4 of 16 BoBS 2804(Rev.04/06/20) Part 3 ® FEDERALLY FUNDED AGREEMENTS [Not applicable to this Agreement] Printed 04/27/21 Page 5 of 16 BoBS 2804(Rev.04/06/20) PART 4 SPECIFIC PROVISIONS A. Invoices Invoices submitted by the GOVERNMENTAL BODY will be for costs that have been incurred to complete the Part 5, Scope of Services. If the GOVERNMENTAL BODY's invoices are deemed by the DEPARTMENT or auditors to not be sufficiently documented for work completed,the DEPARTMENT may require further records and supporting documents to verify the amounts, recipients and users of all funds invoiced pursuant to this Agreement. Furthermore, if any of the deliverables in Part 5 are not satisfactorily completed, GOVERNMENTAL BODY will refund payments made under this agreement to the extent that such payments were made for any such incomplete or unsatisfactory deliverable. Any invoices/bills issued by the GOVERNMENTAL BODY to the DEPARTMENT pursuant to this Agreement shall be sent to the following address: Illinois Department of Transportation Attention Ben Tellefson Address 401 Main Street City State Zip Code Peoria IL 61602 All invoices shall be signed by an authorized representative of the GOVERNMENTAL BODY. B. Billing and Payment All invoices for services performed and costs incurred by the GOVERNMENTAL BODY prior to July 1st of each year must be presented to the DEPARTMENT no later than July 31st of that same year for payment under this Agreement. Notwithstanding any other provision of this Agreement,the DEPARTMENT shall not be obligated to make payment to the GOVERNMENTAL BODY on invoices presented after said date. Failure by the GOVERNMENTAL BODY to present such invoices prior to said date may require the GOVERNMENTAL BODY to seek payment of such invoices through the Illinois Court of Claims and the Illinois General Assembly. No payments will be made for services performed prior to the effective date of this Agreement.The DEPARMENT will direct all payments to the GOVERNMENTAL BODY's remittance address listed in this Agreement. C. Termination This Agreement may be terminated by either party by giving thirty(30)calendar days written notice. If the DEPARTMENT is dissatisfied with the GOVERNMENTAL BODY's performance or believes that there has been a substantial decrease in the GOVERNMENTAL BODY's performance,the DEPARTMENT may give written notice that remedial action shall be taken by the GOVERNMENTAL BODY within seven(7)calendar days. If such action is not taken within the time afforded, the DEPARTMENT may terminate the Agreement by giving seven (7)calendar days written notice to the GOVERNMENTAL BODY. In either instance,the GOVERNMENTAL BODY shall be paid for the value of all authorized and acceptable work performed prior to the date of termination, including non-cancelable obligations made prior to receipt of notice of termination and for which work will be completed within thirty(30)days of receipt of notice of termination, based upon the payment terms set forth in the Agreement. D. Location of Service Service to be performed by the GOVERNMENTAL BODY shall be performed as described in Part 5. E. Ownership of Documents/Title to Work All documents,data and records produced by the GOVERNMENTAL BODY in carrying out the GOVERNMENTAL BODY's obligations and services hereunder,without limitation and whether preliminary or final, shall become and remain the property of the DEPARTMENT.The DEPARTMENT shall have the right to use all such documents, data and records without restriction or limitation and without additional compensation to the GOVERNMENTAL BODY.All documents, data and records utilized in performing research shall be available for examination by the DEPARTMENT upon request. Upon completion of the services hereunder or at the termination of this Agreement, all such documents, data and records shall, at the option of the DEPARTMENT, be appropriately arranged, indexed and delivered to the DEPARTMENT by the GOVERNMENTAL BODY. F. Software All software and related computer programs produced and developed by the GOVERNMENTAL BODY(or authorized contractor or subcontractor thereof)in carrying out the GOVERNMENTAL BODY's obligation hereunder,without limitation and whether preliminary or final, shall become and remain the property of both the DEPARTMENT and the GOVERNMENTAL BODY. The DEPARTMENT shall be free to sell, give, offer or otherwise provide said software and related computer programs to any other agency,department, commission, or board of the State of Illinois, as well as any other agency, department, commission, board, or other governmental entity of any country, state, county, municipality, or any other unit of local government, or to any entity consisting of representatives of any unit of government,for official use by said entity.Additionally,the DEPARTMENT shall be free to offer or otherwise provide said software and related computer programs to any current or future contractor. The DEPARTMENT agrees that any entity to whom the software and related computer programs will be given, sold or otherwise offered shall be granted only a use license, limited to use for official or authorized purposes, and said entity shall otherwise be prohibited from selling,giving or otherwise offering said software and related computer programs without the written consent of both the DEPARTMENT and the GOVERNMENTAL BODY. Printed 04/27/21 Page 6 of 16 BoBS 2804(Rev.04/06/20) G. Confidentiality Clause Any documents, data, records, or other information given to or prepared by the GOVERNMENTAL BODY pursuant to this Agreement shall not be made available to any individual or organization without prior written approval by the DEPARTMENT. All information secured by the GOVERNMENTAL BODY from the DEPARTMENT in connection with the performance of services pursuant to this Agreement shall be kept confidential unless disclosure of such information is approved in writing by the DEPARTMENT. H. Compliance with Freedom of Information Act. Upon request, GOVERNMENTAL BODY shall make available to DEPARTMENT all dobuments in its possession that DEPARTMENT deems necessary to comply with requests made under the Freedom of Information Act. (5 ILCS 140/7(2)). Reporting/Consultation The GOVERNMENTAL BODY shall consult with and keep the DEPARTMENT fully informed as to the progress of all matters covered by this Agreement. J. Travel Expenses Expenses for travel, lodging, or per diem is NOT allowed pursuant to this Agreement. K. Indemnification Unless prohibited by State law,the GOVERNMENTAL BODY agrees to hold harmless and indemnify the DEPARTMENT, and its officials, employees, and agents,from any and all losses, expenses, damages(including loss of use), suits, demands and claims, and shall defend any suit or action,whether at law or in equity, based on a alleged injury or damage of any type arising from the actions or inactions of the GOVERNMENTAL BODY and/or the GOVERNMENTAL BODY's employees, officials, agents, contractors and subcontractors, and shall pay all damages,judgments, costs, expenses, and fees, including attorney's fees, incurred by the DEPARTMENT and its officials, employees and agents in connection therewith. GOVERNMENTAL BODY shall defend, indemnify and hold the DEPARTMENT harmless against a third-party action, suit or proceeding("Claim")against the DEPARTMENT to the extent such Claim is based upon an allegation that a Product, as of its delivery date under this Agreement, infringes a valid United States patent or copyright or misappropriates a third party's trade secret. L. Equal Employment Practice The GOVERNMENTAL BODY must comply with the"Equal Employment Opportunity Clause" required by the Illinois Department of Human Rights.The GOVERNMENTAL BODY must include a requirement in all contracts with third parties(contractor or consultant)to comply with the requirements of this clause.The Equal Employment Opportunity Clause reads as follows: In the event that the GOVERMENTAL BODY, its contractor or consultant fails to comply with any provisions of this Equal Employment Opportunity Clause,the Illinois Human Rights Act Rules and Regulations of the Illinois Department of Human Rights ("IDHR"),the GOVERNMENTAL BODY, its contractor or consultant may be declared ineligible for future contracts or subcontracts with the state of Illinois or any of its political subdivisions or municipal corporations, and the contract may be canceled or voided in whole or in part, and such other sanctions or penalties may be imposed or remedies invoked as provided by statute or regulation. During the performance of this contract,the GOVERNMENTAL BODY agrees as follows: 1. That it will not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, ancestry, age, physical or mental handicap unrelated to ability, or an unfavorable discharge from military service; and further that it will examine all job classifications to determine if minority persons or women are underutilized and will take appropriate affirmative action to rectify any such underutilization; 2. That, if it hires additional employees in order to perform this contract or any portion thereof, it will determine the availability(in accordance with IDHR's Rules and Regulations)of minorities and women in the area(s)from which it may reasonably recruit and it will hire for each job classification for which employees are hired in such a way that minorities and women are not underutilized. 3. That, in all solicitations or advertisements for employees placed by it or on its behalf, it will state that all applicants will be afforded equal opportunity without discrimination because of race, color, religion, sex, national origin or ancestry, physical or mental handicap unrelated to ability, or an unfavorable discharge from military service; 4. That it will send to each labor organization or representative of workers with which it has or is bound by a collective bargaining or other agreement or understanding, a notice advising such labor organizations or representative of the contractor's obligations under the Illinois Human Rights Act and IDHR's Rules and Regulations. If any such labor organization or representative fails or refuses to cooperate with the contractor in its efforts to comply with such Act and Rules and Regulations,the contractor will promptly notify IDHR and the contracting agency and will recruit employees from other sources when necessary to fulfill its obligations thereunder; 5. That it will submit reports as required by IDHR's Rules and Regulations, furnish all relevant information as may from time to time be requested by IDHR or the contracting agency, and in all respects comply with the Illinois Human Rights Act and IDHR's Rules and Regulations; Printed 04/27/21 Page 7 of 16 BoBS 2804(Rev.04/06/20) 6. That it will permit access to all relevant books, records, accounts, and work sites by personnel of the contracting agency and IDHR for purposes of investigation to ascertain compliance with the Illinois Human Rights Act and IDHR's Rules and Regulations; 7. That it will include verbatim or by reference the provisions of this Clause in every contract and subcontract it awards under which any portion of the contract obligations are undertaken or assumed, so that such provisions will be binding upon such subcontractor. In the same manner as with other provisions of this Agreement,the GOVERNMENTAL BODY, its contractor or consultant will be liable for compliance with applicable provisions of this clause; and further it will promptly notify the contracting agency and the Department in the event any of its contractor or subcontractor fails or refuses to comply therewith. In addition,the GOVERNMENTAL BODY will not utilize any contractor or subcontractor declared by the Illinois Human Rights Commission to be ineligible for contracts or subcontracts with the state of Illinois or any of its political subdivisions or municipal corporations; 8. The GOVERNMENTAL BODY must have written sexual harassment policies that include, at a minimum,the following information: (i)the illegality of sexual harassment; (ii)the definition of sexual harassment, under State law; (iii)a description of sexual harassment, utilizing examples; (iv)the Grantee's internal complaint process including penalties; (v)the legal recourse, investigative, and complaint process available through the Department of Human Rights and the Human Rights Commission; (vi)directions on how to contact the Department and Commission; and (vii)protection against retaliation as provided by Section 6-101 of the Illinois Human Rights Act.A copy of the policies must be provided to the DEPARTMENT upon request; and In addition,the GOVERNMENTAL BODY is subject to the Illinois Human Rights Act, 775 ILCS 5/1-101 et seq.,which prohibits discrimination in connection with the availability of public accommodations. M. Tax Identification Number GOVERNMENTAL BODY certifies that: 1. The number shown on this form is a correct taxpayer identification number(or it is waiting for a number to be issued), and 2. It is not subject to backup withholding because: (a)it is exempt from backup withholding, or(b)has not been notified by the Internal Revenue Service(IRS)that it is subject to backup withholding as a result of a failure to report all interest or dividends, or(c)the IRS has notified the GOVERNMENTAL BODY that it is no longer subject to backup withholding, and 3. It is a U.S. entity(including a U.S. resident alien). NAME OF GOVERNMENTAL BODY:City of Canton Taxpayer Identification Number: Legal Status(check one): ❑ Tax-exempt ® Government ❑ Other N. International Boycott The GOVERNMENTAL BODY certifies that neither GOVERNMENTAL BODY nor any substantially owned affiliate is participating or shall participate in an international boycott in violation of the U.S. Export Administration Act of 1979 or the applicable regulations of the U.S. Department of Commerce. This applies to contracts that exceed$10,000(30 ILCS 582). O. Forced Labor The GOVERNMENTAL BODY certifies it complies with the State Prohibition of Goods from Forced Labor Act, and certifies that no foreign-made equipment, materials, or supplies furnished to the DEPARTMENT under this Agreement have been or will be produced in whole or in part by forced labor, or indentured labor under penal sanction (30 ILCS 583). P. Equipment The DEPARTMENT and the GOVERNMENTAL BODY agree to the following: 1. The GOVERNMENTAL BODY must obtain the DEPARTMENT's written approval prior to purchasing any equipment with funds acquired under this Agreement; 2. The GOVERNMENTAL BODY acknowledges that the DEPARTMENT is under no obligation to approve, and the DEPARTMENT may, if it approves, subject that approval to additional terms and conditions as the DEPARTMENT may require; 3. The GOVERNMENTAL BODY acknowledges that any equipment purchased under this Agreement must remain the property of the DEPARTMENT; 4. The GOVERNMENTAL BODY must use the equipment for the authorized purpose under Part 5(Scope of Service/ Responsibilities)and Part 6(Compensation)during the period of performance or the equipment's entire useful life; 5.•The GOVERNMENTAL BODY must not sell,transfer, encumber, or otherwise dispose of any equipment that is acquired under this Agreement without prior DEPARTMENT's written approval; 6. In cases where the GOVERNMENTAL BODY fails to dispose of any equipment properly, as determined by the DEPARTMENT, the GOVERNMENTAL BODY may be required to reimburse the DEPARTMENT for the cost of the equipment; and 7. For purposes of this provision, "equipment"includes any tangible or intangible product, having a useful life of two years or more, an acquisition cost of at least$100, and used solely in GOVERNMENTAL BODY's performance under this Agreement. Printed 04/27/21 Page 8 of 16 BoBS 2804(Rev.04/06/20) PART 5 SCOPE OF SERVICE/RESPONSIBILITIES A. Cost. The DEPARTMENT and the GOVERNMENTAL BODY agree to the maintenance responsibility and to the division of energy costs, for the traffic signals, and other traffic control devices listed on the attached Exhibit A, which is hereby made part of this Agreement and shaded or highlighted. B. Maintenance. Modernization of traffic control devices is not covered under this Agreement. It is agreed that the actual maintenance will be performed by the DEPARTMENT indicated on Exhibit A, either with its own forces or through the DEPARTMENT's authorized electrical maintenance contractor. The GOVERNMENTAL BODY shall promptly notify the DEPARTMENT of all traffic signal malfunctions and required maintenance and repair work. The DEPARTMENT shall investigate and issue a work order to the electrical maintenance contractor for all repair work deemed necessary. C. Maintenance Level. It is agreed that the signals and devices shall be maintained to at least the level of maintenance specified in the attached Exhibit B, which is hereby made part of this Agreement. It is understood this will meet the minimum requirements of the Illinois Manual on Uniform Traffic Control Devices for Streets and Highways. Additional provisions regarding maintenance may be incorporated in this document as agreed upon by both parties. The DEPARTMENT will release maintenance work to the authorized electrical maintenance contractor as needed to ensure that traffic signals are maintained to the levels specified in Exhibit B. D. Interconnect&Timing. "Railroad interconnect" shall mean an electrical connection between a traffic signal controller and a railside railroad control system. A "signal interconnect" shall mean an electrical connection between two on-street traffic signal controllers or between a master controller and a central signal system. The GOVERNMENTAL BODY agrees to maintain all signal equipment and connection of railroad crossing warning devices with signal controller. The DEPARTMENT, in cooperation with the GOVERNMENTAL BODY, shall determine the signal timing to coordinate and regulate the flow of traffic. No signal timing shall be changed at any state system intersection without prior DEPARTMENT approval. The DEPARTMENT may elect to allow the GOVERNMENTAL BODY to determine the signal timing to coordinate and regulate the flow of traffic at any location. The GOVERNMENTAL BODY shall inform the DEPARTMENT of any changes made in signal timings. The DEPARTMENT reserves the right to withdraw the privilege of timing signals from the GOVERNMENTAL BODY at any time. A railroad interconnect shall not be modified without prior notification to and approval by the Illinois Commerce Commission and the DEPARTMENT. If a railroad interconnect needs repairs, such repairs shall not be performed without prior notification and approval, if required, by the Illinois Commerce Commission and the Department. E. Interconnections: Installation and Damage. The DEPARTMENT will not be responsible for the cost of installing or maintaining traffic signals and signal system interconnects not on but interconnected to traffic signals on U.S. or State routes. Any damage done to State traffic signals in the attempt to connect local traffic signals shall be repaired to the DEPARTMENT's satisfaction and shall be the responsibility of the GOVERNMENTAL BODY. F. Traffic Signal Remote Monitoring and Management Costs. Master controllers and other types of communications equipment installed on State intersections for the coordination of traffic signals are primarily used for the traffic signals located on U.S. or State routes. The GOVERNMENTAL BODY may connect traffic signals to a State owned master controller or Central System for the coordination or operation of non-State owned traffic signals, for the purpose of synchronizing time or gaining remote access. If the GOVERNMENTAL BODY desires a communications link to its office for monitoring purposes, the GOVERNMENTAL BODY shall pay the entire cost of installing and maintaining such monitoring system. The DEPARTMENT shall reimburse the GOVERNMENTAL BODY for 100% of the cost for installing and monthly servicing of short, remote strategic, and independent communication links. These cost effective pathways shall reduce the reliance on, and the pay out to the telecom industry, and are established by the GOVERNMENTAL BODY at the DEPARTMENT's request to be used for the remote monitoring and management of safe and efficient traffic signals located on U.S. or State routes. Printed 04/27/21 Page 9 of 16 BoBS 2804(Rev.04/06/20) G. Payment for Energy Costs. The DEPARTMENT will reimburse the GOVERNMENTAL BODY for the DEPARTMENT's proportionate share of energy charges. H. Costs for Pavement Markings. Inspect pavement markings and replace as necessary to insure proper motorist, pedestrian, and bicyclist guidance— including green pavement markings for bicyclists. Insure that stop bars, symbols and crosswalks are in good condition. In District 1, all work is the responsibility of the GOVERNMENTAL BODY. Whereas, in District 2 through District 9, the cost of pavement markings is shared between the DEPARTMENT and the GOVERNMENTAL BODY according to Exhibit A. Maintenance Contractors. Maintenance contracts shall be subject to DEPARTMENT approval prior to award. The DEPARTMENT, after consultation with the GOVERNMENTAL BODY, reserves the right to reject any electrical/maintenance contractor assigned work by the GOVERNMENTAL BODY that, in the judgment of the DEPARTMENT, has proposed or bid rates or charges in excess of usual and customary rates for the type of work being performed. Maintenance contractors shall have a minimum of three years of verifiable experience in the maintenance and repair of traffic signals. The GOVERNMENTAL BODY shall utilize the DEPARTMENT's authorized electrical maintenance contractor to perform traffic signal maintenance and repair work. The DEPARTMENT shall be responsible for bidding and administering electrical maintenance contracts. J. Emergency Vehicle Preemption Devices. The costs of installation, timing, phasing, and maintenance of emergency vehicle preemption systems shall be the sole responsibility of the GOVERNMENTAL BODY. Any GOVERNMENTAL BODY must notify the DEPARTMENT of any change in the emergency vehicle preemption system. However, the DEPARTMENT reserves the right to approve or reject, at any time, the placement of such systems on its traffic signal equipment. K. Existing Agreements or Letters of Understanding. All parking ordinances and provisions bearing on items other than traffic signal and traffic control device maintenance and energy charges contained in presently existing agreements or letters of understanding between the DEPARTMENT and the GOVERNMENTAL BODY shall remain in full force and effect. L. Modification. Exhibit A can be modified to add or delete signals or devices, but only by written revision signed by the DEPARTMENT'S Regional Engineer and its Engineer of Operations, and the authorized representative for the GOVERNMENTAL BODY. The modification shall be effective when fully executed and filed with the DEPARTMENT and the Clerk or Secretary of the GOVERNMENTAL BODY. This provision applies only to modifications of Exhibit A. This Agreement can be modified according to Part 1.D, by completing the Intergovernmental Agreement Amendment. M. Plan Review. All traffic signal plans prepared by others for installation on State highways within municipal corporate limits, which are to be added to this Agreement, must be reviewed and approved by the DEPARTMENT and the GOVERNMENTAL BODY. Printed 04/27/21 Page 10 of 16 BoBS 2804(Rev.04/06/20) PART 6 COMPENSATION FOR SERVICES Funding Not Applicable Subtotal Local Match Provided Through the GOVERNMENTAL BODY GRAND TOTAL Funding Breakdown The DEPARTMENT and GOVERNMENTAL BODY agree to the following funding requirements: A. Cost Sharing. As indicated in Exhibit A, the cost of energy and maintenance of traffic signals, and/or other traffic control devices generally are shared in proportion to the number of approaches maintained by each unit of government however, other DEPARTMENT policies and practices requires cost sharing of energy and maintenance to be based on other criteria besides the number of approaches maintained. The maintenance cost of the interconnect and interconnect related equipment, as listed in Exhibit A, as well as engineering costs for any approved coordination and timing studies, shall be shared in proportion to the approaches maintained by each unit of government at all intersections within the interconnected system, unless otherwise agreed to in a permit or by other agreement. The share of the signal maintenance cost at an intersection will be borne one hundred percent by the DEPARTMENT where the ADT for the route is more than or equal to 35,000. The one hundred percent share will not apply to signal modernization, energy charges, new signal, and signal timing. i. The GOVERNMENTAL BODY will be responsible for the maintenance costs of all traffic signals and/or other traffic control devices related to a roadway or roadways that has or have been jurisdictionally transferred by the DEPARTMENT to the GOVERNMENTAL BODY in a prior agreement(s). B Billing. Maintenance and repair invoices shall be submitted on a monthly basis. Energy invoices shall be submitted on a quarterly, bi-annual, or annual basis. The amount billed shall be the costs incurred less any proceeds from third party damage claims received during the billing period for repair of signals or devices that are the responsibility of the DEPARTMENT. ii. Any proposed single expenditure in excess of$10,000.00 for repair or damage to an installation must be approved by the DEPARTMENT before the expenditure is made. iii. The hours, or parts thereof, billed for each maintenance item will be at the actual time directly related to the work task. The DEPARTMENT reserves the right to examine the records of the GOVERNMENTAL BODY to determine that costs billed are fully documented. iv. The cost for contracted work will be the actual cost for the contractor. v. Upon completion of a work order or maintenance directive issued by the DEPARTMENT to the DEPARTMENT'S authorized electrical maintenance contractor, the DEPARTMENT shall direct the maintenance contractor to submit completed invoices and all supporting documentation to the DEPARTMENT for review and approval. vi. After reviewing the contractor invoices, the DEPARTMENT shall forward the approved invoices to the GOVERNMENTAL BODY which shall reimburse the maintenance contractor in full for the entire approved amount. vii. The GOVERNMENTAL BODY shall invoice the DEPARTMENT for the DEPARTMENT'S share in accordance with percentages listed in Exhibit A. a. Maintenance of the traffic signals shall be performed by the GOVERNMENTAL BODY through the Printed 04/27/21 Page 11 of 16 BoBS 2804(Rev.04/06/20) DEPARTMENT's approved electrical contractor. If, at any time, the contractor fails to perform any work deemed necessary by the DEPARTMENT's Regional Engineer to keep the traffic signals in proper operating condition, or if the Engineer finds it impossible to contact the designated persons to perform any work, the DEPARTMENT reserves the right to have other electrical contractors perform the needed work. The cost of such work will be invoiced to the GOVERNMENTAL BODY directly from the appointed contractor providing the service. C. Notices. Notices under this Agreement shall be directed to the following addresses by regular mail or email to the address shown below: For the DEPARTMENT: For the GOVERNMENTAL BODY: Budget Not Applicable Printed 04/27/21 Page 12 of 16 BoBS 2804(Rev.04/06/20) PART 7 CERTIFICATION REGARDING LOBBYING (49 CFR PART 20) ® [NOT APPLICABLE TO THIS AGREEMENT] Printed 04/27/21 Page 13 of 16 BoBS 2804(Rev.04/06/20) PART 8 AGREEMENT AWARD NOTIFICATION REQUIRED FOR ALL PROJECTS Does this project receive Federal funds? ❑ Yes ® No Amount of Federal funds Name of Project Federal Project Number CFDA Number`, Federal Agency, Program Title *For CFDA(Catalog of Federal Domestic Assistance) Number, refer to original Federal Award/Grant Agreement. REMAINDER OF THIS PAGE IS INTENTIONALLY BLANK Printed 04/27/21 Page 14 of 16 BoBS 2804(Rev.04/06/20) ANNUAL CERTIFICATION FOR SINGLE AUDIT COMPLIANCE NOTICE • The certification applies ONLY to governmental agencies, local units of government and non-profit agencies expending federal funds for this project. It does not apply to for-profit public or private entities. • If 2 CFR Part 200, Subpart F, Section 200.501,Audit Requirements applies to your organization, submit the certification or a copy of your single audit to the DEPARTMENT at the end of your fiscal year for any fiscal year in which you expended any federal funds related to this contract. NOTE:ANNUAL COMPLIANCE WITH THIS REQUIREMENT IS MANDATORY FOR EVERY YEAR IN WHICH FEDERAL FUNDS ARE EXPENDED FOR THIS PROJECT BY ANY STATES. LOCAL GOVERNMENTS OR NONPROFIT ORGANIZATIONS. FAILURE TO COMPLY WITH THE ANNUAL CERTIFICATION TO THE DEPARTMENT WILL RESULT IN SUSPENSION OF PAYMENTS TO REIMBURSE PROJECT COSTS. In accordance with 2 CFR Part 200, Subpart F, Section 200.501,Audit Requirements, non-federal entities that expend$750,000 or more in Federal awards in a year are required to have a single audit. The DEPARTMENT is required by federal law to obtain and review the single audit of all entities that had any federally participating funds pass through it, irrespective of the amount provided by the DEPARTMENT. It is the responsibility of the agencies expending Federal funds to comply with the requirements and determine whether they are required to have a single audit performed. In order to comply with the requirements, your agency must provide the following information to the DEPARTMENT on an annual basis for every year in which you expended funds for costs associated with this project: 1. If your agency expended$750,000 or more in Federal awards from all sources, including other agencies, in a year, you are required to have a single audit performed, and submit a copy of the report to the DEPARTMENT within the earlier of 30 days after completion of the single audit or no more than nine months after the end of your fiscal year end. 2. If your agency expended less than$750,000 in Federal awards from all sources, including other agencies, in any fiscal year for which you expended funds for project costs, and were not required to conduct a single audit,you must complete and return the certification statement. 3. If your agency receives multiple awards from the DEPARTMENT, only one annual submittal of this information is required. Please submit a copy of your single audit or the Single Audit Not Required Certification to: Illinois Department of Transportation • Audit Coordination Section, Rm. 303 2300 South Dirksen Parkway Springfield, IL 62764 The single audit must be comprised of four parts.You have the option of including the four parts in one report or a combination of reports. The four parts are commonly known as: 1. Comprehensive Annual Financial Report(Financial Statements). 2. Schedule of Expenditures of Federal Awards and Independent Auditor's Report thereon. 3. Independent Auditor's Report on Internal Control over Financial Reporting and on Compliance and other matters based on an Audit of Financial Statements performed in accordance with Government Auditing Standards. 4. Independent Auditor's Report on Compliance with Requirements Applicable to each Major Program and on Internal Control over Compliance in accordance with 2 CFR Part 200. Additional information which should be submitted: 1. Corrective Action Plan(s), if applicable, 2. Management Letter, if applicable, and 3. Status of Prior Year Findings, if applicable. For your convenience, you may also submit the information via email to DOT.AuditReview@illinois.gov or via fax at 217/782-5634. If you have any questions, please contact the Audit Coordination Section at 217/782-6041. Printed 04/27/21 Page 15 of 16 BoBS 2804(Rev.04/06/20) NOTICE Do not submit this certification to the DEPARTMENT with your signed contract. • The certification applies ONLY to governmental agencies, local units of government and non-profit agencies expending Federal funds for this project. It does not apply to for-profit public or private entities. • If 2 CFR Part 200, Subpart F, Section 200.501, Audit Requirements applies to your organization, submit the certification or a copy of your single audit to the DEPARTMENT at the end of your fiscal year for any fiscal year in which you expended any Federal funds related to this contract. Single Audit Not Required Certification I certify that expended less than$750,000 in Federal awards in our fiscal year , and was not required to have a single audit conducted. Signature Date Title Subrecipient Contact Information Subrecipient Contact Person Title Address City State Zi Code Phone Fax Fiscal Year End E-mail Printed 04/27/21 Page 16 of 16 BoBS 2804(Rev.04/06/20) !blots Department Intergovernmental Agreement o of Transportation Governmental Body Name City of Canton Address City State Zip Code 2 N. Main Street Canton IL 61520 Remittance Address(if different from above) City State Zi Code Phone Fax FEIN/TIN DUNS Brief Description of Service(full description specified in Part 5) This is the Master Agreement for Governmental Body maintenance and apportionment of energy costs for traffic control devices located on State highways within or near the Governmental Body as shown on the attached Exhibit A. Compensation Method(full details specified in Part 6) Actual Cost Total Compensation Amount Advance Pay Start Date Agreement Term Expiration Date $114,000 ❑Yes ® No 07/01/21 06/30/31 Printed 04/27/21 Page 1 of 16 BoBS 2804(Rev.04/06/20) REQUIRED SIGNATURES By signing below,the GOVERNMENTAL BODY and the DEPARTMENT agree to comply with and abide by all provisions set forth in Parts 1-8 herein and any Appendices thereto. FOR THE GOVERNMENTAL BODY: Signature Date Name Title ® Check if under$250,000. If under$250,000 the Secretary's signature may be delegated. FOR THE DEPARTMENT: Signature Date Omer Osman,Acting Secretary of Transportation Date Delegate Name Printed Name Printed Title Signature Date Joanne Woodworth,Acting Chief Fiscal Officer Date Philip C. Kaufmann, Chief Counsel Date (Approved as to form) Printed 04/27/21 Page 2 of 16 BoBS 2804(Rev.04/06/20) INTERGOVERNMENTAL AGREEMENT FOR GOVERNMENTAL BODY MAINTENANCE OF TRAFFIC CONTROL DEVICES This Agreement is by and between Please type or print legibly the GOVERNMENTAL BODY'S legal name and address City of Canton 2 N. Main Street Canton, IL 61520 Attention Email referred to as the GOVERNMENTAL BODY, and the State of Illinois, acting by and through its Department of Transportation, referred to as the DEPARTMENT individually referred to as a PARTY, and collectively referred to as the PARTIES. Part 1 Scope/Compensation/Term Part 2 General Provisions Part 3 Federally Funded Agreements Part 4 Specific Provisions Part 5 Scope of Services/Responsibilities Part 6 Compensation for Services Part 7 Certification Regarding Lobbying Part 8 Agreement Award Notification Part 1 SCOPE /COMPENSATION /TERM A. Scope of Services and Responsibilities The DEPARTMENT and the GOVERNMENTAL BODY agree as specified in Part 5. B. Compensation Compensation(if any)shall be as specified in Part 6. C. Term of Agreement This Agreement will start 07/01/21 and will expire 06/30/31 D. Amendments All changes to this Agreement must be mutually agreed upon by the DEPARTMENT and the GOVERNMENTAL BODY and be incorporated by written amendment, signed by the parties. ® E. Renewal This Agreement may not be renewed. Printed 04/27/21 Page 3 of 16 BoBS 2804(Rev.04/06/20) Part 2 GENERAL PROVISIONS A. Changes If any circumstances or condition in this Agreement changes,the GOVERNMENTAL BODY must notify the DEPARTMENT in writing within seven(7)days. B. Compliance/Governing Law The terms of this Agreement shall be construed in accordance with the laws of the State of Illinois. Any obligations and services performed under this Agreement shall be performed in compliance with all applicable state and federal laws. The Parties hereby enter into this Intergovernmental Agreement pursuant to the Intergovernmental Cooperation Act, 5 ILCS 220/1 et seq. C. Availability of Appropriation This Agreement is contingent upon and subject to the availability of funds. The DEPARTMENT, at its sole option, may terminate or suspend this Agreement, in whole or in part,without penalty or further payment being required, if (1)the Illinois General Assembly or the federal funding source fails to make an appropriation sufficient to pay such obligation, or if funds needed are insufficient for any reason (2)the Governor decreases the DEPARMENT's funding by reserving some or all of the DEPARTMENT's appropriation(s)pursuant to power delegated to the Governor by the Illinois General Assembly;or(3)the DEPARMENT determines, in its sole discretion or as directed by the Office of the Governor,that a reduction is necessary or advisable based upon actual or projected budgetary considerations. GOVERNMENTAL BODY will be notified in writing of the failure of appropriation or of a reduction or decrease. D. Records Inspection The DEPARTMENT or a designated representative shall have access to the GOVERNMENTAL BODY's work and applicable records whenever it is in preparation or progress, and the GOVERNMENTAL BODY shall provide for such access and inspection. E. Records Preservation The GOVERNMENTAL BODY, shall maintain for a minimum of three(3)years after the completion of the Agreement, adequate books, records and supporting documents to verify the amounts, recipients and uses of all disbursements of funds passing in conjunction with the Agreement. F. Cost Category Transfer Request For all transfers between or among appropriated and allocated cost categories, DEPARTMENT approval is required. To secure approval, the GOVERNMENTAL BODY must submit a written request to the DEPARTMENT detailing the amount of transfer,the cost categories from and to which the transfer is to be made, and rationale of the transfer. G. Subcontracting/Procurement Procedures/Employment of DEPARTMENT Personnel 1. Subcontracting-Subcontracting, assignment or transfer of all or part of the interests of the GOVERNMENTAL BODY concerning any of the obligations covered by this Agreement is prohibited without prior written consent of the DEPARTMENT. 2. Procurement of Goods or Services-Federal Funds For purchases of products or services with any Federal funds that cost more than$3,000.00 but less than the simplified acquisition threshold fixed at 41 U.S.C. 134, (currently set at $100,000.00)the GOVERNMENTAL BODY shall obtain price or rate quotations from an adequate number(at least three)of qualified sources. Procurement of products or services with any Federal funds for$100,000 or more will require the GOVERNMENTAL BODY to use the Invitation for Bid process or the Request for Proposal process. In the absence of formal codified procedures of the GOVERNMENTAL BODY,the procedures of the DEPARTMENT will be used, provided that the procurement procedures conform to the provisions in Part 3(K)below. The GOVERNMENTAL BODY may only procure products or services from one source with any Federal funds if: (1)the products or services are available only from a single source; or(2)the DEPARTMENT authorizes such a procedure; or, (3)the DEPARTMENT determines competition is inadequate after solicitation from a number of sources. 3. Procurement of Goods or Services-State Funds For purchases of products or services with any State of Illinois funds that cost more than$20,000.00, ($10,000.00 for professional and artistic services)but less than the small purchase amount set by the Illinois Procurement Code Rules, currently set at$80,000.00; and$20,000.00 for professional and artistic services, (See 30 ILCS 500/20-20(a)and 44 III.Admin Code 6.100)the GOVERNMENTAL BODY shall obtain price or rate quotations from an adequate number(at least three)of qualified sources. Procurement of products or services with any State of Illinois funds for$80,000.00 or more for goods and services and$20,000.00 or more for professional and artistic services will require the GOVERNMENTAL BODY to use the Invitation for Bid process or the Request for Proposal process. In the absence of formal codified procedures of the GOVERNMENTAL BODY, the procedures of the DEPARTMENT will be used. The GOVERNMENTAL BODY may only procure products or services from one source with any State of Illinois funds if: (1)the products or services are available only from a single source; or (2)the DEPARTMENT authorizes such a procedure; or, (3)the DEPARTMENT determines competition is inadequate after solicitation from a number of sources. The GOVERNMENTAL BODY shall include a requirement in all contracts with third parties that the contractor or consultant will comply with the requirements of this Agreement in performing such contract, and that the contract is subject to the terms and conditions of this Agreement. 4. EMPLOYMENT OF DEPARTMENT PERSONNEL The GOVERNMENTAL BODY will not employ any person or persons currently employed by the DEPARTMENT for any work required by the terms of this Agreement. Printed 04/27/21 Page 4 of 16 BoBS 2804(Rev.04/06/20) Part 3 ® FEDERALLY FUNDED AGREEMENTS [Not applicable to this Agreement] Printed 04/27/21 Page 5 of 16 BoBS 2804(Rev.04/06/20) PART 4 SPECIFIC PROVISIONS A. Invoices Invoices submitted by the GOVERNMENTAL BODY will be for costs that have been incurred to complete the Part 5, Scope of Services. If the GOVERNMENTAL BODY's invoices are deemed by the DEPARTMENT or auditors to not be sufficiently documented for work completed,the DEPARTMENT may require further records and supporting documents to verify the amounts, recipients and users of all funds invoiced pursuant to this Agreement. Furthermore, if any of the deliverables in Part 5 are not satisfactorily completed, GOVERNMENTAL BODY will refund payments made under this agreement to the extent that such payments were made for any such incomplete or unsatisfactory deliverable. Any invoices/bills issued by the GOVERNMENTAL BODY to the DEPARTMENT pursuant to this Agreement shall be sent to the following address: Illinois Department of Transportation Attention Ben Tellefson Address 401 Main Street City State Zip Code Peoria IL 61602 All invoices shall be signed by an authorized representative of the GOVERNMENTAL BODY. B. Billing and Payment All invoices for services performed and costs incurred by the GOVERNMENTAL BODY prior to July 1st of each year must be presented to the DEPARTMENT no later than July 31st of that same year for payment under this Agreement. Notwithstanding any other provision of this Agreement,the DEPARTMENT shall not be obligated to make payment to the GOVERNMENTAL BODY on invoices presented after said date. Failure by the GOVERNMENTAL BODY to present such invoices prior to said date may require the GOVERNMENTAL BODY to seek payment of such invoices through the Illinois Court of Claims and the Illinois General Assembly. No payments will be made for services performed prior to the effective date of this Agreement. The DEPARMENT will direct all payments to the GOVERNMENTAL BODY's remittance address listed in this Agreement. C. Termination This Agreement may be terminated by either party by giving thirty(30)calendar days written notice. If the DEPARTMENT is dissatisfied with the GOVERNMENTAL BODY's performance or believes that there has been a substantial decrease in the GOVERNMENTAL BODY's performance, the DEPARTMENT may give written notice that remedial action shall be taken by the GOVERNMENTAL BODY within seven (7)calendar days. If such action is not taken within the time afforded, the DEPARTMENT may terminate the Agreement by giving seven(7)calendar days written notice to the GOVERNMENTAL BODY. In either instance,the GOVERNMENTAL BODY shall be paid for the value of all authorized and acceptable work performed prior to the date of termination, including non-cancelable obligations made prior to receipt of notice of termination and for which work will be completed within thirty(30)days of receipt of notice of termination, based upon the payment terms set forth in the Agreement. D. Location of Service Service to be performed by the GOVERNMENTAL BODY shall be performed as described in Part 5. E. Ownership of Documents/Title to Work All documents, data and records produced by the GOVERNMENTAL BODY in carrying out the GOVERNMENTAL BODY's obligations and services hereunder,without limitation and whether preliminary or final, shall become and remain the property of the DEPARTMENT. The DEPARTMENT shall have the right to use all such documents,data and records without restriction or limitation and without additional compensation to the GOVERNMENTAL BODY.All documents, data and records utilized in performing research shall be available for examination by the DEPARTMENT upon request. Upon completion of the services hereunder or at the termination of this Agreement, all such documents, data and records shall, at the option of the DEPARTMENT, be appropriately arranged, indexed and delivered to the DEPARTMENT by the GOVERNMENTAL BODY. F. Software All software and related computer programs produced and developed by the GOVERNMENTAL BODY(or authorized contractor or subcontractor thereof) in carrying out the GOVERNMENTAL BODY's obligation hereunder,without limitation and whether preliminary or final, shall become and remain the property of both the DEPARTMENT and the GOVERNMENTAL BODY. The DEPARTMENT shall be free to sell, give, offer or otherwise provide said software and related computer programs to any other agency, department, commission, or board of the State of Illinois, as well as any other agency, department, commission, board, or other governmental entity of any country, state, county, municipality, or any other unit of local government, or to any entity consisting of representatives of any unit of government, for official use by said entity. Additionally,the DEPARTMENT shall be free to offer or otherwise provide said software and related computer programs to any current or future contractor. The DEPARTMENT agrees that any entity to whom the software and related computer programs will be given, sold or otherwise offered shall be granted only a use license, limited to use for official or authorized purposes, and said entity shall otherwise be prohibited from selling, giving or otherwise offering said software and related computer programs without the written consent of both the DEPARTMENT and the GOVERNMENTAL BODY. Printed 04/27/21 Page 6 of 16 BoBS 2804(Rev.04/06/20) G. Confidentiality Clause Any documents, data, records, or other information given to or prepared by the GOVERNMENTAL BODY pursuant to this Agreement shall not be made available to any individual or organization without prior written approval by the DEPARTMENT.All information secured by the GOVERNMENTAL BODY from the DEPARTMENT in connection with the performance of services pursuant to this Agreement shall be kept confidential unless disclosure of such information is approved in writing by the DEPARTMENT. H. Compliance with Freedom of Information Act. Upon request, GOVERNMENTAL BODY shall make available to DEPARTMENT all documents in its possession that DEPARTMENT deems necessary to comply with requests made under the Freedom of Information Act. (5 ILCS 140/7(2)). Reporting/Consultation The GOVERNMENTAL BODY shall consult with and keep the DEPARTMENT fully informed as to the progress of all matters covered by this Agreement. J. Travel Expenses Expenses for travel, lodging, or per diem is NOT allowed pursuant to this Agreement. K. Indemnification Unless prohibited by State law,the GOVERNMENTAL BODY agrees to hold harmless and indemnify the DEPARTMENT, and its officials, employees, and agents, from any and all losses, expenses, damages(including loss of use), suits, demands and claims, and shall defend any suit or action,whether at law or in equity, based on a alleged injury or damage of any type arising from the actions or inactions of the GOVERNMENTAL BODY and/or the GOVERNMENTAL BODY's employees, officials, agents, contractors and subcontractors, and shall pay all damages,judgments, costs, expenses, and fees, including attorney's fees, incurred by the DEPARTMENT and its officials,employees and agents in connection therewith. GOVERNMENTAL BODY shall defend, indemnify and hold the DEPARTMENT harmless against a third-party action, suit or proceeding("Claim")against the DEPARTMENT to the extent such Claim is based upon an allegation that a Product, as of its delivery date under this Agreement, infringes a valid United States patent or copyright or misappropriates a third party's trade secret. L. Equal Employment Practice The GOVERNMENTAL BODY must comply with the"Equal Employment Opportunity Clause" required by the Illinois Department of Human Rights.The GOVERNMENTAL BODY must include a requirement in all contracts with third parties(contractor or consultant)to comply with the requirements of this clause. The Equal Employment Opportunity Clause reads as follows: In the event that the GOVERMENTAL BODY, its contractor or consultant fails to comply with any provisions of this Equal Employment Opportunity Clause,the Illinois Human Rights Act Rules and Regulations of the Illinois Department of Human Rights ("IDHR"),the GOVERNMENTAL BODY, its contractor or consultant may be declared ineligible for future contracts or subcontracts with the state of Illinois or any of its political subdivisions or municipal corporations, and the contract may be canceled or voided in whole or in part, and such other sanctions or penalties may be imposed or remedies invoked as provided by statute or regulation. During the performance of this contract,the GOVERNMENTAL BODY agrees as follows: 1. That it will not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, ancestry, age, physical or mental handicap unrelated to ability, or an unfavorable discharge from military service; and further that it will examine all job classifications to determine if minority persons or women are underutilized and will take appropriate affirmative action to rectify any such underutilization; 2. That, if it hires additional employees in order to perform this contract or any portion thereof, it will determine the availability(in accordance with IDHR's Rules and Regulations)of minorities and women in the area(s)from which it may reasonably recruit and it will hire for each job classification for which employees are hired in such a way that minorities and women are not underutilized. 3. That, in all solicitations or advertisements for employees placed by it or on its behalf, it will state that all applicants will be afforded equal opportunity without discrimination because of race, color, religion, sex, national origin or ancestry, physical or mental handicap unrelated to ability, or an unfavorable discharge from military service; 4. That it will send to each labor organization or representative of workers with which it has or is bound by a collective bargaining or other agreement or understanding, a notice advising such labor organizations or representative of the contractor's obligations under the Illinois Human Rights Act and IDHR's Rules and Regulations. If any such labor organization or representative fails or refuses to cooperate with the contractor in its efforts to comply with such Act and Rules and Regulations,the contractor will promptly notify IDHR and the contracting agency and will recruit employees from other sources when necessary to fulfill its obligations thereunder; 5. That it will submit reports as required by IDHR's Rules and Regulations, furnish all relevant information as may from time to time be requested by IDHR or the contracting agency, and in all respects comply with the Illinois Human Rights Act and IDHR's Rules and Regulations; Printed 04/27/21 Page 7 of 16 BoBS 2804(Rev.04/06/20) 6. That it will permit access to all relevant books, records, accounts, and work sites by personnel of the contracting agency and IDHR for purposes of investigation to ascertain compliance with the Illinois Human Rights Act and IDHR's Rules and Regulations; 7. That it will include verbatim or by reference the provisions of this Clause in every contract and subcontract it awards under which any portion of the contract obligations are undertaken or assumed, so that such provisions will be binding upon such subcontractor. In the same manner as with other provisions of this Agreement, the GOVERNMENTAL BODY, its contractor or consultant will be liable for compliance with applicable provisions of this clause;and further it will promptly notify the contracting agency and the Department in the event any of its contractor or subcontractor fails or refuses to comply therewith. In addition,the GOVERNMENTAL BODY will not utilize any contractor or subcontractor declared by the Illinois Human Rights Commission to be ineligible for contracts or subcontracts with the state of Illinois or any of its political subdivisions or municipal corporations; 8. The GOVERNMENTAL BODY must have written sexual harassment policies that include, at a minimum,the following information: (i)the illegality of sexual harassment; (ii)the definition of sexual harassment, under State law; (iii)a description of sexual harassment, utilizing examples; (iv)the Grantee's internal complaint process including penalties; (v)the legal recourse, investigative, and complaint process available through the Department of Human Rights and the Human Rights Commission; (vi)directions on how to contact the Department and Commission; and (vii)protection against retaliation as provided by Section 6-101 of the Illinois Human Rights Act.A copy of the policies must be provided to the DEPARTMENT upon request; and In addition,the GOVERNMENTAL BODY is subject to the Illinois Human Rights Act, 775 ILCS 5/1-101 et seq.,which prohibits discrimination in connection with the availability of public accommodations. M. Tax Identification Number GOVERNMENTAL BODY certifies that: 1. The number shown on this form is a correct taxpayer identification number(or it is waiting for a number to be issued), and 2. It is not subject to backup withholding because: (a)it is exempt from backup withholding, or(b)has not been notified by the Internal Revenue Service(IRS)that it is subject to backup withholding as a result of a failure to report all interest or dividends, or(c)the IRS has notified the GOVERNMENTAL BODY that it is no longer subject to backup withholding, and 3. It is a U.S. entity(including a U.S. resident alien). NAME OF GOVERNMENTAL BODY:City of Canton Taxpayer Identification Number: Legal Status(check one): El Tax-exempt ® Government ❑ Other N. International Boycott The GOVERNMENTAL BODY certifies that neither GOVERNMENTAL BODY nor any substantially owned affiliate is participating or shall participate in an international boycott in violation of the U.S. Export Administration Act of 1979 or the applicable regulations of the U.S. Department of Commerce. This applies to contracts that exceed$10,000(30 ILCS 582). O. Forced Labor The GOVERNMENTAL BODY certifies it complies with the State Prohibition of Goods from Forced Labor Act, and certifies that no foreign-made equipment, materials, or supplies furnished to the DEPARTMENT under this Agreement have been or will be produced in whole or in part by forced labor, or indentured labor under penal sanction(30 ILCS 583). P. Equipment The DEPARTMENT and the GOVERNMENTAL BODY agree to the following: 1. The GOVERNMENTAL BODY must obtain the DEPARTMENT's written approval prior to purchasing any equipment with funds acquired under this Agreement; 2. The GOVERNMENTAL BODY acknowledges that the DEPARTMENT is under no obligation to approve, and the DEPARTMENT may, if it approves, subject that approval to additional terms and conditions as the DEPARTMENT may require; 3. The GOVERNMENTAL BODY acknowledges that any equipment purchased under this Agreement must remain the property of the DEPARTMENT; 4. The GOVERNMENTAL BODY must use the equipment for the authorized purpose under Part 5(Scope of Service/ Responsibilities)and Part 6(Compensation)during the period of performance or the equipment's entire useful life; 5. The GOVERNMENTAL BODY must not sell, transfer, encumber, or otherwise dispose of any equipment that is acquired under this Agreement without prior DEPARTMENT's written approval; 6. In cases where the GOVERNMENTAL BODY fails to dispose of any equipment properly, as determined by the DEPARTMENT,the GOVERNMENTAL BODY may be required to reimburse the DEPARTMENT for the cost of the equipment; and 7. For purposes of this provision, "equipment"includes any tangible or intangible product, having a useful life of two years or more, an acquisition cost of at least$100, and used solely in GOVERNMENTAL BODY's performance under this Agreement. Printed 04/27/21 Page 8 of 16 BoBS 2804(Rev.04/06/20) PART 5 SCOPE OF SERVICE/RESPONSIBILITIES A. Cost. The DEPARTMENT and the GOVERNMENTAL BODY agree to the maintenance responsibility and to the division of energy costs, for the traffic signals, and other traffic control devices listed on the attached Exhibit A, which is hereby made part of this Agreement and shaded or highlighted. B. Maintenance. Modernization of traffic control devices is not covered under this Agreement. It is agreed that the actual maintenance will be performed by the DEPARTMENT indicated on Exhibit A, either with its own forces or through the DEPARTMENT's authorized electrical maintenance contractor. The GOVERNMENTAL BODY shall promptly notify the DEPARTMENT of all traffic signal malfunctions and required maintenance and repair work. The DEPARTMENT shall investigate and issue a work order to the electrical maintenance contractor for all repair work deemed necessary. C. Maintenance Level. It is agreed that the signals and devices shall be maintained to at least the level of maintenance specified in the attached Exhibit B, which is hereby made part of this Agreement. It is understood this will meet the minimum requirements of the Illinois Manual on Uniform Traffic Control Devices for Streets and Highways. Additional provisions regarding maintenance may be incorporated in this document as agreed upon by both parties. The DEPARTMENT will release maintenance work to the authorized electrical maintenance contractor as needed to ensure that traffic signals are maintained to the levels specified in Exhibit B. D. Interconnect& Timing. "Railroad interconnect" shall mean an electrical connection between a traffic signal controller and a railside railroad control system. A "signal interconnect" shall mean an electrical connection between two on-street traffic signal controllers or between a master controller and a central signal system. The GOVERNMENTAL BODY agrees to maintain all signal equipment and connection of railroad crossing warning devices with signal controller. The DEPARTMENT, in cooperation with the GOVERNMENTAL BODY, shall determine the signal timing to coordinate and regulate the flow of traffic. No signal timing shall be changed at any state system intersection without prior DEPARTMENT approval. The DEPARTMENT may elect to allow the GOVERNMENTAL BODY to determine the signal timing to coordinate and regulate the flow of traffic at any location. The GOVERNMENTAL BODY shall inform the DEPARTMENT of any changes made in signal timings. The DEPARTMENT reserves the right to withdraw the privilege of timing signals from the GOVERNMENTAL BODY at any time. A railroad interconnect shall not be modified without prior notification to and approval by the Illinois Commerce Commission and the DEPARTMENT. If a railroad interconnect needs repairs, such repairs shall not be performed without prior notification and approval, if required, by the Illinois Commerce Commission and the Department. E. Interconnections: Installation and Damage. The DEPARTMENT will not be responsible for the cost of installing or maintaining traffic signals and signal system interconnects not on but interconnected to traffic signals on U.S. or State routes. Any damage done to State traffic signals in the attempt to connect local traffic signals shall be repaired to the DEPARTMENT's satisfaction and shall be the responsibility of the GOVERNMENTAL BODY. F. Traffic Signal Remote Monitoring and Management Costs. Master controllers and other types of communications equipment installed on State intersections for the coordination of traffic signals are primarily used for the traffic signals located on U.S. or State routes. The GOVERNMENTAL BODY may connect traffic signals to a State owned master controller or Central System for the coordination or operation of non-State owned traffic signals, for the purpose of synchronizing time or gaining remote access. If the GOVERNMENTAL BODY desires a communications link to its office for monitoring purposes, the GOVERNMENTAL BODY shall pay the entire cost of installing and maintaining such monitoring system. The DEPARTMENT shall reimburse the GOVERNMENTAL BODY for 100% of the cost for installing and monthly servicing of short, remote strategic, and independent communication links. These cost effective pathways shall reduce the reliance on, and the pay out to the telecom industry, and are established by the GOVERNMENTAL BODY at the DEPARTMENT's request to be used for the remote monitoring and management of safe and efficient traffic signals located on U.S. or State routes. Printed 04/27/21 Page 9 of 16 BoBS 2804(Rev.04/06/20) G. Payment for Energy Costs. The DEPARTMENT will reimburse the GOVERNMENTAL BODY for the DEPARTMENT's proportionate share of energy charges. H. Costs for Pavement Markings. Inspect pavement markings and replace as necessary to insure proper motorist, pedestrian, and bicyclist guidance—including green pavement markings for bicyclists. Insure that stop bars, symbols and crosswalks are in good condition. In District 1, all work is the responsibility of the GOVERNMENTAL BODY. Whereas, in District 2 through District 9, the cost of pavement markings is shared between the DEPARTMENT and the GOVERNMENTAL BODY according to Exhibit A. Maintenance Contractors. Maintenance contracts shall be subject to DEPARTMENT approval prior to award. The DEPARTMENT, after consultation with the GOVERNMENTAL BODY, reserves the right to reject any electrical/maintenance contractor assigned work by the GOVERNMENTAL BODY that, in the judgment of the DEPARTMENT, has proposed or bid rates or charges in excess of usual and customary rates for the type of work being performed. Maintenance contractors shall have a minimum of three years of verifiable experience in the maintenance and repair of traffic signals. The GOVERNMENTAL BODY shall utilize the DEPARTMENT's authorized electrical maintenance contractor to perform traffic signal maintenance and repair work. The DEPARTMENT shall be responsible for bidding and administering electrical maintenance contracts. J. Emergency Vehicle Preemption Devices. The costs of installation, timing, phasing, and maintenance of emergency vehicle preemption systems shall be the sole responsibility of the GOVERNMENTAL BODY. Any GOVERNMENTAL BODY must notify the DEPARTMENT of any change in the emergency vehicle preemption system. However, the DEPARTMENT reserves the right to approve or reject, at any time, the placement of such systems on its traffic signal equipment. K. Existing Agreements or Letters of Understanding. All parking ordinances and provisions bearing on items other than traffic signal and traffic control device maintenance and energy charges contained in presently existing agreements or letters of understanding between the DEPARTMENT and the GOVERNMENTAL BODY shall remain in full force and effect. L. Modification. Exhibit A can be modified to add or delete signals or devices, but only by written revision signed by the DEPARTMENT'S Regional Engineer and its Engineer of Operations, and the authorized representative for the GOVERNMENTAL BODY. The modification shall be effective when fully executed and filed with the DEPARTMENT and the Clerk or Secretary of the GOVERNMENTAL BODY. This provision applies only to modifications of Exhibit A. This Agreement can be modified according to Part 1.D, by completing the Intergovernmental Agreement Amendment. M. Plan Review. All traffic signal plans prepared by others for installation on State highways within municipal corporate limits, which are to be added to this Agreement, must be reviewed and approved by the DEPARTMENT and the GOVERNMENTAL BODY. Printed 04/27/21 Page 10 of 16 BoBS 2804(Rev.04/06/20) PART 6 COMPENSATION FOR SERVICES Funding Not Applicable Subtotal Local Match Provided Through the GOVERNMENTAL BODY GRAND TOTAL Funding Breakdown The DEPARTMENT and GOVERNMENTAL BODY agree to the following funding requirements: A. Cost Sharing. As indicated in Exhibit A, the cost of energy and maintenance of traffic signals, and/or other traffic control devices generally are shared in proportion to the number of approaches maintained by each unit of government however, other DEPARTMENT policies and practices requires cost sharing of energy and maintenance to be based on other criteria besides the number of approaches maintained. The maintenance cost of the interconnect and interconnect related equipment, as listed in Exhibit A, as well as engineering costs for any approved coordination and timing studies, shall be shared in proportion to the approaches maintained by each unit of government at all intersections within the interconnected system, unless otherwise agreed to in a permit or by other agreement. The share of the signal maintenance cost at an intersection will be borne one hundred percent by the DEPARTMENT where the ADT for the route is more than or equal to 35,000. The one hundred percent share will not apply to signal modernization, energy charges, new signal, and signal timing. i. The GOVERNMENTAL BODY will be responsible for the maintenance costs of all traffic signals and/or other traffic control devices related to a roadway or roadways that has or have been jurisdictionally transferred by the DEPARTMENT to the GOVERNMENTAL BODY in a prior agreement(s). B Billing. Maintenance and repair invoices shall be submitted on a monthly basis. Energy invoices shall be submitted on a quarterly, bi-annual, or annual basis. The amount billed shall be the costs incurred less any proceeds from third party damage claims received during the billing period for repair of signals or devices that are the responsibility of the DEPARTMENT. ii. Any proposed single expenditure in excess of$10,000.00 for repair or damage to an installation must be approved by the DEPARTMENT before the expenditure is made. iii. The hours, or parts thereof, billed for each maintenance item will be at the actual time directly related to the work task. The DEPARTMENT reserves the right to examine the records of the GOVERNMENTAL BODY to determine that costs billed are fully documented. iv. The cost for contracted work will be the actual cost for the contractor. v. Upon completion of a work order or maintenance directive issued by the DEPARTMENT to the DEPARTMENT'S authorized electrical maintenance contractor, the DEPARTMENT shall direct the maintenance contractor to submit completed invoices and all supporting documentation to the DEPARTMENT for review and approval. vi. After reviewing the contractor invoices, the DEPARTMENT shall forward the approved invoices to the GOVERNMENTAL BODY which shall reimburse the maintenance contractor in full for the entire approved amount. vii. The GOVERNMENTAL BODY shall invoice the DEPARTMENT for the DEPARTMENT'S share in accordance with percentages listed in Exhibit A. a. Maintenance of the traffic signals shall be performed by the GOVERNMENTAL BODY through the Printed 04/27/21 Page 11 of 16 BoBS 2804(Rev.04/06/20) DEPARTMENT's approved electrical contractor. If, at any time, the contractor fails to perform any work deemed necessary by the DEPARTMENT's Regional Engineer to keep the traffic signals in proper operating condition, or if the Engineer finds it impossible to contact the designated persons to perform any work, the DEPARTMENT reserves the right to have other electrical contractors perform the needed work. The cost of such work will be invoiced to the GOVERNMENTAL BODY directly from the appointed contractor providing the service. C. Notices. Notices under this Agreement shall be directed to the following addresses by regular mail or email to the address shown below: For the DEPARTMENT: For the GOVERNMENTAL BODY: Budget Not Applicable Printed 04/27/21 Page 12 of 16 BoBS 2804(Rev.04/06/20) PART 7 CERTIFICATION REGARDING LOBBYING (49 CFR PART 20) ® [NOT APPLICABLE TO THIS AGREEMENT] Printed 04/27/21 Page 13 of 16 BoBS 2804(Rev.04/06/20) PART 8 AGREEMENT AWARD NOTIFICATION REQUIRED FOR ALL PROJECTS Does this project receive Federal funds? Yes ® No • Amount of Federal funds Name of Project Federal Project Number CFDA Number*, Federal Agency, Program Title "For CFDA(Catalog of Federal Domestic Assistance) Number, refer to original Federal Award/Grant Agreement. REMAINDER OF THIS PAGE IS INTENTIONALLY BLANK Printed 04/27/21 Page 14 of 16 BoBS 2804(Rev.04/06/20) ANNUAL CERTIFICATION FOR SINGLE AUDIT COMPLIANCE NOTICE • The certification applies ONLY to governmental agencies, local units of government and non-profit agencies expending federal funds for this project. It does not apply to for-profit public or private entities. • If 2 CFR Part 200, Subpart F, Section 200.501,Audit Requirements applies to your organization, submit the certification or a copy of your single audit to the DEPARTMENT at the end of your fiscal year for any fiscal year in which you expended any federal funds related to this contract. NOTE:ANNUAL COMPLIANCE WITH THIS REQUIREMENT IS MANDATORY FOR EVERY YEAR IN WHICH FEDERAL FUNDS ARE EXPENDED FOR THIS PROJECT BY ANY STATES. LOCAL GOVERNMENTS OR NONPROFIT ORGANIZATIONS.FAILURE TO COMPLY WITH THE ANNUAL CERTIFICATION TO THE DEPARTMENT WILL RESULT IN SUSPENSION OF PAYMENTS TO REIMBURSE PROJECT COSTS. In accordance with 2 CFR Part 200, Subpart F, Section 200.501,Audit Requirements, non-federal entities that expend$750,000 or more in Federal awards in a year are required to have a single audit. The DEPARTMENT is required by federal law to obtain and review the single audit of all entities that had any federally participating funds pass through it, irrespective of the amount provided by the DEPARTMENT. It is the responsibility of the agencies expending Federal funds to comply with the requirements and determine whether they are required to have a single audit performed. In order to comply with the requirements, your agency must provide the following information to the DEPARTMENT on an annual basis for every year in which you expended funds for costs associated with this project: 1. If your agency expended$750,000 or more in Federal awards from all sources, including other agencies, in a year, you are required to have a single audit performed, and submit a copy of the report to the DEPARTMENT within the earlier of 30 days after completion of the single audit or no more than nine months after the end of your fiscal year end. 2. If your agency expended less than$750,000 in Federal awards from all sources, including other agencies, in any fiscal year for which you expended funds for project costs, and were not required to conduct a single audit, you must complete and return the certification statement. 3. If your agency receives multiple awards from the DEPARTMENT, only one annual submittal of this information is required. Please submit a copy of your single audit or the Single Audit Not Required Certification to: Illinois Department of Transportation Audit Coordination Section, Rm. 303 2300 South Dirksen Parkway Springfield, IL 62764 The single audit must be comprised of four parts. You have the option of including the four parts in one report or a combination of reports. The four parts are commonly known as: 1. Comprehensive Annual Financial Report(Financial Statements). 2. Schedule of Expenditures of Federal Awards and Independent Auditor's Report thereon. 3. Independent Auditor's Report on Internal Control over Financial Reporting and on Compliance and other matters based on an Audit of Financial Statements performed in accordance with Government Auditing Standards. 4. Independent Auditor's Report on Compliance with Requirements Applicable to each Major Program and on Internal Control over Compliance in accordance with 2 CFR Part 200. Additional information which should be submitted: 1. Corrective Action Plan(s), if applicable, 2. Management Letter, if applicable, and 3. Status of Prior Year Findings, if applicable. For your convenience, you may also submit the information via email to DOT.AuditReview@illinois.gov or via fax at 217/782-5634. If you have any questions, please contact the Audit Coordination Section at 217/782-6041. Printed 04/27/21 Page 15 of 16 BoBS 2804(Rev.04/06/20) NOTICE Do not submit this certification to the DEPARTMENT with your signed contract. • The certification applies ONLY to governmental agencies, local units of government and non-profit agencies expending Federal funds for this project. It does not apply to for-profit public or private entities. • If 2 CFR Part 200, Subpart F, Section 200.501,Audit Requirements applies to your organization, submit the certification or a copy of your single audit to the DEPARTMENT at the end of your fiscal year for any fiscal year in which you expended any Federal funds related to this contract. Single Audit Not Required Certification I certify that expended less than$750,000 in Federal awards in our fiscal year , and was not required to have a single audit conducted. Signature Date Title Subrecipient Contact Information Subrecipient Contact Person Title Address City State Zi Code Phone Fax Fiscal Year End E-mail Printed 04/27/21 Page 16 of 16 BoBS 2804(Rev.04/06/20) r r r r r r r ¢ƒ d 03 d CCO O m o 0 o2. E CD m m m 2 2 =; °£ 2 » 5 5 5 a a D U � o. U) U) U) U) -. - § D 7 = Po » Pa Po 90 go 90 k @ < D o - 7 R < 5 . 2 ? g 7 0 . ƒ 2@ - o m • ° a) ° X J ƒ e - a / - ® C0 m : a / k ® @ - ¥ / C \ C _ -o o / a / � m' -0 5. = ƒ q q, g q C) a a \ J o ] 71 0 o n / ° § k ® - -03 co w o ■ m = a m s K ®%- R � E ƒ o m C =0 su = s I/ g q q C) q k CA) q co K_ CD 7 E E o D / D 0 CL 0 k "0 e CD $ ° g q q q S q 3 2 f CD ■ 2 § ET ƒ I- 22 \cc k = D- -- a) 2C)w 01 01 q 01 01 ¢ kCO § CD = Cl)® 2 § % @ o D z- ) D O D O ? D E k Er k 2 2 \ 2 2 2 -0 S.2 k 3 3 2 3 3 3 3 a) co m § m § CD § § CD O % ° ■ = CO CD EXHIBIT B SHORT FORM TRAFFIC SIGNAL MAINTENANCE PROVISIONS A. GENERAL PROVISIONS 1. CABINET PACK Wiring diagrams, phase diagrams, and manuals that are required to be in each traffic signal controller cabinet at the time of construction completion shall remain in the cabinet. Written documentation of all traffic signal timing changes shall be provided in the cabinet. All entries shall be written in a clear and concise manner. The agent of the maintaining agency making any entries shall provide his/her signature and date of entry. These shall be kept in the cabinet to assist the DEPARTMENT on emergency call outs. 2. HARDWARE SPECIFICATIONS All equipment and material used shall comply with the requirements of the DEPARTMENT's Standard Specifications for Road and Bridge Construction and the district special provisions. 3. HIGHWAY LIGHTING For maintenance involving combination traffic signal and lighting unit mast arm assemblies and poles, the foundation, traffic signal mast arm assembly, pole lighting arm, luminaire and lighting cable and all signal cable shall be considered part of the traffic signal system and are the responsibility of the DEPARTMENT. The highway lighting system components of each combination mast arm assembly and pole shall be tested for proper operation and physical condition during the intersection cabinet inspection. All costs of repairing or replacing damaged or missing non-standard IDOT highway lighting system equipment is the responsibility of the GOVERNMENTAL BODY. 4. EMERGENCY VEHICLE PREEMPTION SYSTEM Test Emergency Vehicle Preemption System (EVPS) equipment for proper operation and physical condition during the intersection cabinet inspection. All program settings and each sequence of operation must be verified to be correct during each inspection. All cost of inspection and maintaining the EVPS equipment, including the light detectors, light detector amplifiers, radio transmitters and receivers, antennas, confirmation lights, and cables and related components, is the responsibility of the GOVERNMENTAL BODY. In addition to regular inspection and maintenance, all cost of repairing or replacing damaged or missing EVPS equipment is the responsibility of the GOVERNMENTAL BODY. 5. RAILROAD PREEMPTION At all locations with railroad/traffic signal interconnects, respond to any and all emergency and all red flash alarms in a timely manner and notify the Illinois Commerce Commission and the GOVERNMENTAL BODY of the malfunction. None of the traffic signal railroad preempt parameters including but not limited to the phase timings, phase sequences and pedestrian and vehicular clearance intervals can be modified without prior approval from the Illinois Commerce Commission. Maintain unique spare controller data modules or sets of data chips containing the final railroad preemption parameters for each location. Cooperate in any inspection as deemed necessary by the DEPARTMENT or the Illinois Commerce Commission. The DEPARTMENT shall provide contact personnel available at all times to who railroad preemption malfunctions must be reported. 6. DAMAGE REPAIRS Repair or replace any and all standard DEPARTMENT equipment damaged by any cause whatsoever. Equipment owned by a third party, such as EVP, lighted street name signs, TSP, and the like are the responsibility of others.. 7. ACCIDENT DAMAGE Be responsible to make recovery for damage to any part of the installation or system from the party causing the damage. Whenever third party claims cannot be recovered, the GOVERNMENTAL BODY shall share in the loss. 8. TEMPORARY TRAFFIC CONTROL Provide temporary traffic control during a period of equipment failure or for when the controller must be disconnected. This may be accomplished through the installation of a spare controller, placing the intersection on flash, manually operating the controller, manually directing traffic through the use of proper authorities, or installing temporary stop signs which will be removed once the signal is in working condition. 9. EMERGENCY PERSONNEL Provide skilled maintenance personnel who will be available to respond without delay to emergency calls. This may be provided by agency forces, contract, or maintenance agreement. Controller failure, lights out, knockdowns, or two (2) red lights out at intersection are considered emergencies. B. AS REPORTED OR OBSERVED 1. LAMP REPLACEMENT Replace burned out lamps for all red signal indications within twenty-four(24) hours of notification of burnout or on the next business day following the notification. However, if two or more red indications for an approach are burned out, these lamps must be replaced as soon as possible, and under no circumstances longer than twenty-four(24) hours after notification. Replace all other burned out lamps within forty-eight (48) hours or next business day of notification of burnout. Lamp changes shall always include a lens cleaning. 2. SIGNAL ALIGNMENT Keep signal heads properly adjusted, including plumb, and tightly mounted. All controller cabinets, signal posts and controller pedestals should be tight on their foundations and in alignment. 3. CONTROLLER PROBLEMS Check the controllers, relays, and detectors after receiving complaints or calls to ascertain that they are functioning properly and make all necessary repairs and replacement. 4. L.E.D. SIGNAL HEAD AND L.E.D. MODULE REPLACEMENT An L.E.D. module shall be considered failed and shall be replaced if the indication is dark or if the module fails to meet ITE specification on minimum maintained luminous intensity. 2 Replace failed modules for all red signal indications within twenty-four(24) hours of notification of failure or on the next business day following the notification. However, if two or more red indications for an approach are failed, these modules must be replaced as soon as possible, and under no circumstances longer than twenty-four(24) hours after notification. Replace all other failed modules within forty-eight (48) hours or next business day of notification of faillure. C. WEEKLY 1. MASTER CONTROLLER or ADVANCE TRAFFIC MANAGEMENT SYSTEMS At locations that are a part of a closed loop signal or advance traffic management systems maintained by the GOVERNMENTAL BODY, repair any and all malfunctions in a timely manner so that the signals remain under the control of the master at all times. As needed assist in the implementation of the signal system timing plans. Maintain the central signal system software on a PC so that the signal system is monitored weekly. Check weekly by phone or location visit for any malfunction. Verify software accuracy to central office software. D. BI-MONTHLY(Every 2 months) 1. CABINET INSPECTION Check the controllers, relays, and detectors to ascertain that they are functioning properly and make all necessary repairs and replacement. Keep interior of controller cabinet in a clean and neat condition at all times. Replace filters per manufacturer's recommendations. 2. OBSERVE SIGNALS Observe the signals at the time of the bi-monthly cabinet inspection. This involves stopping and watching for correct detection and timing operation. 3. DETECTION TESTING Test and inspect vehicle detection inductance loops, loop detectors, and pedestrian detection during cabinet visit bi-monthly. 4. VIDEO DETECTION TESTING Inspect, maintain, and clean all video detection and surveillance systems bi-monthly or as needed, to achieve clean lenses, and adjust for proper alignment and proper focus. This shall include system camera, lenses, camera housings and hood/shield, pan tilt, and zoom mechanisms and motors, mounting brackets and hardware, poles, microprocessors, controller, cables and communication equipment, and other related components. Maintenance shall include modifications to programmable detection zones. 5. CONTROLLER CHECK When controllers malfunction, they shall be removed, repaired, and bench checked. The controllers shall not be removed for annual maintenance inspections. This bi-monthly check should verify software with central office software and reprint cabinet pack timings sheet. Controller check shall occur during the bi-monthly cabinet inspection. 6. FUSE AND BREAKER CHECKS Fuse and breaker checks should occur during the bi-monthly cabinet inspection. Replace burned out fuses or deteriorated breakers as needed. 7. CLEARANCE TRIMMING Remove any obstruction blocking the line of sight of the traffic signal face to the motorist including trimming trees, bushes or any other form of vegetation blocking said lines of sight. E. GENERAL 1. ANNUAL HARDWARE INSPECTION Inspect all mast arm assemblies, mast arm poles, brackets (or other types of hardware) supporting traffic heads or pedestrian signal heads on an annual basis. 2. ANNUAL CONFLICT MONITOR AND MMU TEST Test all conflict monitors and MMUs once every two years in accordance with manufacturer recommendations.. 4. PAVEMENT MARKINGS In District 1, the GOVERNMENTAL BODY shall inspect stop bars, symbols, special pavement treatments and crosswalks and replace as necessary to insure proper motorist and pedestrian guidance; Whereas, in District 2 through District 9, the cost of pavement markings is shared between the DEPARTMENT and the GOVERNMENTAL BODY according to Exhibit A. s:\gen\wpdocs\traffic\yg\201 I\2011_I\reverse master agreement changes accepted exhibit b 3_9_2011 (1)(2)final.docx 4