HomeMy WebLinkAboutResolution #5369 i
RESOLUTION NO. 5369
A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH
THE ILLINOIS DEPARTMENT OF TRANSPORTATION FOR THE MAINTENANCE
AND APPORTIONMENT OF ENERGY COSTS FOR TRAFFIC CONTROL DEVICES
LOCATED ON STATE HIGHWAYS WITHIN OR NEAR THE CITY OF CANTON.
WHEREAS, the City Council of the City of Canton has determined that it is necessary
and in the best interest of the City to enter into an Intergovernmental Agreement with the Illinois
Department of Transportation for the maintenance and apportionment of energy costs for traffic
control devices located on State highways within or near the City of Canton(the"Agreement"), as
set forth in"Exhibit A," attached hereto and incorporated herein.
NOW, THEREFORE,BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF CANTON, ILLINOIS, AS FOLLOWS:
1. That the Agreement, substantially in the fonn as attached hereto as "Exhibit A," is
incorporated herein and hereby approved by the Canton City Council.
2. That the Mayor, or his designee, and the City Clerk of the City of Canton, Illinois, are
hereby authorized and directed to execute said Agreement on behalf of the City of Canton,as well -
as any ancillary or related documents necessary to accomplish the purpose of the Agreement.
3. 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 3`d
day of May, 2022, upon a roll call vote as follows:
AYES: Alderperson Andra Chamberlin, Justin Nelson, John Lovell, Craig West, Angela
Hale, Jeff Fritz, Angela Lingenfelter, Greg Gossett
NAYS: None
ABSENT: None
ABSTAIN: None
AP OVED:
V'., + A vim. 1. D
Kent McDow&,--Klayor
ATT ST:
Diana Pavley-Rock, City Clerk J
00
Illinois Department Intergovernmental Agreement o.e
of Transportation
i
Governmental Body Name
City of Canton
Address city State Zi Code
2 N. Main Street Canton IL 61520
Remittance Address if different from above city State Zip 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 TermEx iration Date
$114,000 ❑Yes ®No 07/01/21 06/30/31
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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"
Si nature Date.
Name Title
00
® Check if under$250,000. If under$250,000 the Secretary's signature may be delegated.
FOR THE DEPARTMENT:
Si nature Date Omer Osman Acting Secretary of Transportation Date
Delegate Name
Printed Name
Printed Title
Si nature Date Joanne Woodworth, Actinq Chief Fiscal Officer Date
Philip C. Kaufmann, Chief Counsel Date
(Approved as to form)
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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.
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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.
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Part 3
® FEDERALLY FUNDED AGREEMENTS
[Not applicable to this Agreement]
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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
Cit State ZIPCode
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.
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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)).
I. 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;
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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.
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PART 6
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.
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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)
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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:
Bud et
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]
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Printed 04/27/21 i 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
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Printed 04l27/21 Page 14 of 16 BoBS 2804(Rev.04/06l20)
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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.
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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.
Si nature Date
Title
Subrecipient Contact Information
Subreci lent
Contact Person Title
Address Cit State Zip Code
Phone Fax Fiscal Year End E-mail
Printed 04/27/21 Page 16 of 16
BoBS 2804(Rev.04/06/20)
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Illinois Department of Transportation
Office of Highways Project Implementation /Region 3 I District 4
401 Main Street/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,
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
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Information Checklist for Processing of Traffic Signal Master Agreement
f
Page 1
• Governmental Body Name
• Address
• City, State, Zip
• Remittance Address (if different from above)
• City, State, Zip
• Telephone Number
• Fax Number
• FEIN/TIN
Pa e 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
EXHIBIT A
Following is the list of signalized intersections and locations with traffic control devices along State highways located within or near
the city of Canton, that are subject to the provisions of the attached Master Agreement to which this list is an exhibit.
% Of Maintenance % Of Energy Charges
Location Responsibility Responsibility Agency Handling
Maintenance
Department Local Agency Department Local Agency
IL 9 (Fifth Ave.) & Chestnut St. 50 50 50 50 Department
IL 9 (Locust St.) & First Ave. 50 50 50 50 Department
IL 9 (Locust St.) & IL 78 (Main SQ0) 100 0 100 0 Department
IL 78 (Main St.) &Ash St. 50 50 50 50 Department
IL 78 (Main St.) &Vine St. 50 50 50 50 Department
IL 78 (Main St.) & Sycamore Terrace 50 50 50 50 Department
IL 78 (Main St.) & Lincoln Rd. 67 33 67 33 Department
(1) Intersections where the State has three of the four legs are 100% State responsibility