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HomeMy WebLinkAbout064-R-21 Executing a Master Agreement with IDOT for State Maintained Traffic Signals & Governmental Body Maintenance of Traffic Control Devices06/04/2021 64-R-21 A RESOLUTION Authorizing the City Manager to Execute Master Agreements with the Illinois Department of Transportation for State Maintained Traffic Signals and Governmental Body Maintenance of Traffic Control Devices WHEREAS, Article A1, Section 10 of the 1970 Illinois Constitution and the Illinois Intergovernmental Cooperation Act, 5 ILCS 220/1, et seq., authorize and encourage intergovernmental cooperation; and WHEREAS, the City of Evanston ("City") and the Illinois Department of Transportation ("IDOT") (collectively "the Parties") wish to enter into an Intergovernmental Master Agreement for State maintained traffic signals and an Intergovernmental Master Agreement for maintenance of traffic devices (collectively "Master Agreements") because they have a mutual interest in and the maintenance and apportionment of energy costs for traffic control devices located on State highways within or near the City; and WHEREAS, the Parties desire to enter into the attached Master Agreements including the Intergovernmental Master Agreement for State maintained traffic signals and the Intergovernmental Master Agreement for Governmental Body Maintenance of Traffic Control Devices for locally maintained traffic signals on State highways; and WHEREAS, the Evanston City Council has determined that it will serve and be in the best interest of the City to enter into the Agreements with IDOT; 64-R-21 NOW BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: Recitals. The City Council hereby adopts the foregoing recitals as its findings, as if fully set forth herein. SECTION 2: The City Council hereby approves, pursuant to the City of Evanston's home rule power, the Master Agreements in the form attached to this Resolution as Exhibit A. SECTION 3: The City Manager is hereby authorized to sign both the "Intergovernmental Master Agreement for State Maintained Traffic Signals Between the City of Evanston and IDOT," attached hereto as Exhibit A and "Intergovernmental Master Agreement for Governmental Body Maintenance of Traffic Control Devices Between the City of Evanston and IDOT," attached hereto as Exhibit B and incorporated herein by reference. SECTION 4: This Resolution shall be in full force and effect from and after its passage and approval in the manner provided by law. Attest: ALIzii.� p'�cnd� Stephanie Mendoza, City Clerk Adopted: June 14 , 2021 CPA Nam A.11 l Daniel Biss, Mayor Approved as to form: .,f,Md...j 6. Camm ;yj Nicholas E. Cummings, Corporation Counsel 64-R-21 EXHIBIT A INTERGOVERNMENTAL MASTER AGREEMENT FOR STATE MAINTAINED TRAFFIC SIGNALS -3- INTERGOVERNMENTAL AGREEMENT This Interagency Agreement is entered into between the Citv of Evanston ("GOVERNMENTAL BODY") and the Department of Transportation ("DEPARTMENT") pursuant to the "Intergovernmental Cooperation Act" (5 ILCS 220)and in accordance with The DEPARTMENT's rules at 92 Ill. Adm. Code 544. 1. Governmental Body and the DEPARTMENT have a mutual interest in and the 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, which is hereby made a part of this agreement. 2. In furtherance of said interests of, the entities agree: 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. 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 contractual agreements 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 a 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 (Exhibit B) upon agreement by both parties. d. interconnect & Timing. The DEPARTMENT agrees to maintain all signal equipment and interconnects associated with interconnected signal systems or Advanced Traffic Management System and interconnects with at -grade railroad crossings, at DEPARTMENT maintained locations. The DEPARTMENT 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 GOVERNMENTAL BODY shall submit to the DEPARTMENT any changes proposed in signal timings. e. Interconnections: Installation & Damage. The DEPARTMENT is not responsible for the cost of installing or maintaining traffic signals 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. Master Monitoring Costs. Master controllers installed on State intersections for the coordination of traffic signals are primarily used for the traffic signals located on U.S. or 1 State routes. The GOVERNMENTAL BODY may connect traffic signals to a State-owned master controller or Advanced Traffic Management 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 their office for monitoring purposes, the GOVERNMENTAL BODY shall pay the entire cost of installing and maintaining such monitoring system. Payment for Energy Costs. The DEPARTMENT will reimburse the GOVERNMENTAL BODY for the DEPARTMENT'S proportionate share of the energy charges. Indemnity. The GOVERNMENTAL BODY shall indemnify and hold harmless the DEPARTMENT for any and all third -party claims for personal injury and property damage arising solely out of the maintenance of the signals and devices listed in Exhibit A. 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. Previous Agreements. All traffic signal and traffic control device maintenance and electrical energy provisions contained in presently existing agreements or understandings between the DEPARTMENT and the GOVERNMENTAL BODY for traffic signals and/or other traffic control devices covered by this Master Agreement shall upon execution of this Master Agreement by the DEPARTMENT be superseded and be of no force or effect. 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. k. Modification. Exhibit A can be modified to add or delete signals or devices, but only by written revision signed by the Regional Engineer, the 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 modification of Exhibit A. I. 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. m. 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 2 DEPARTMENT policies and practices require cost sharing of energy and maintenance to be based on other criteria besides the number of approaches maintained. The maintenance costs of the interconnect system and related equipment as well as engineering costs for any approved coordination and timing studies shall be shared within the interconnect system, unless otherwise agreed to in a permit or by other agreement. n. lurisdictionally Transferred. The GOVERNMENTAL BODY will be responsible for the maintenance costs of all traffic signal 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). o. Billing. Bills shall be submitted by the DEPARTMENT on a three (3) month 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 GOVERNMENTAL BODY. Any proposed single expenditure in excess of $10,000 for repair or damage to an installation must be approved by the GOVERNMENTAL BODY before the expenditure is made. ii. The hours, or parts thereof, billed for each maintenance item will beat the actual time directly related to the work task. iii. THE DEPARTMENT costs are composed of labor, equipment, materials and the quantity of each. The cost for labor will be determined by the actual hourly rate for the employee plus a multiplier to include direct and indirect labor related costs, retirement, social security, health, hospitalization and life insurance, holidays, vacation, sick leave and workers compensation. Equipment costs will be as listed in the Schedule of Average Annual Equipment Ownership Expense. Materials will be at cost. iv. The cost for contracted work will be the actual cost for the contractor. In District One, maintenance costs are based on the District's Electrical Maintenance Contract's (EMC) related bid cost and may vary from contract to contract. The length of District One's EMC is generally 2 to 3 years. 3. Notice under this agreement shall be as follows: For The DEPARTMENT: For the GOVERNMENTAL BODY: 4. Effective Date. This Agreement shall be effective from Julv 1.2021 through June 30, 2031 and may be terminated prior to that date, by either party, upon 30 days written notice. FoR THE GOVERNMENTAL BODY: Signature and Job Title of Authorized Representative FOR THE DEPARTMENT: Jose Rios, Regional Engineer, Division of Highways Christine M. Reed, P.E., Director, Division of Highways, Chief Engineer Date: By: 4 Type or Print Name of Authorized Representative Phillip C. Kaufmann, Chief Counsel (Approved as to form) By: Joanne Woodworth, Acting Chief Fiscal Officer By: By: Omer Osman, Acting Secretary of Transportation Date Date Date Date Following is the list of signalized intersections and locations with traffic control devices along State highways located within or near the City of Evanston in Cook County that are subject to the provisions of the attached Master Agreement to which this list is an exhibit. I LOCATION TS# Crawford Av at Harrison St/Old Orchard Rd TS4920 Crawford Av at Golf Rd/Simpson TS4915 Emerson St/Golf Rd at E Prairie/McDaniel TS5145 (Emerson St/Golf Rd at McCormick Blvd TS5170 Golf Rd/Simpson St at Central Park Ave ITS5140 % OF MAINTENANCE RESPONSIBILITY STATEILOCALI OTHER 100 100 50 25 25 SKOKIE 75 25 50 25 25 SKOKIE As of 5/12/2021 % OF ENERGY CHARGES AGENCY RESPONSIBILITY PERFORMING STATE ILOCALI OTHER MAINT. 50 37.5 12.5 SKOKIE STATE 100 STATE 50 25 25 SKOKIE STATE 75 25 I STATE 50 25 25 SKOKIE I STATE EXHIBIT B SHORTFORM 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 Bridqe 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. 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 fine 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. 3. 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 G, the cost of pavement markings is shared between the DEPARTMENT and the GOVERNMENTAL BODY according to Exhibit A. 4. The GOVERNMENTAL BODY shall also be responsible for maintenance of the installed street name signs on approaches to a State highway from a local road. Because of the value of street name signs to motorists, the GOVERNMENTAL BODY shall provide such signs at all named State highway intersections. s:\gen\wpdocs\traffic\yg\2011\2011_1\reverse master agreement changes accepted exhibit b 3_9_2011 (1) (2) fcnal,docx 4 64-R-21 EXHIBIT B INTERGOVERN METAL MASTER AGREEMENT FOR GOVERNMENTAL BODY MAINTENANCE OF TRAFFIC CONTROL DEVICES ono Illinois Department intergovernmental Agreement o of Transportation Governmental Body Name (City of Evanston Address 12100 Ridge Avenue Remittance Address (if different from above) City I1Evanston City 11 State Zip Code I L 160201 State Zip Code I II Phone Fax FEIN/TIN DUNS 1(847) 866-2979 11(847) 866-2979 1136-6005-870 11 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) I Total Compensation Amount 1$448,284.00 Advance Pay Start DateAgreement Term Expiration Date ❑ Yes ® No 107/01/21 1106/30/31 Printed 05/12/21 Page 1 of 16 SoBS 2804 (Rev. 04106/20) 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: Siqnature Date Name Title 1 11 ❑ Check if under $250,000. If under $250,000 the Secretary's signature may be delegated. FOR THE DEPARTMENT: Siqnature Date Omer Osman, Actinq Secretary of Transportation Date Siqnature Deleqate Name 1 Printed Name 1 Printed Title Date Joanne Woodworth, Actinq Chief Fiscal Officer Philip C. Kaufmann, Chief Counsel (Approved as to form) Date Date Printed 05/12/21 Page 2 of 16 BoBS 2804 (Rev. 04/06120) 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 Evanston 2100 Ridge Avenue Evanston, IL 60201 Attention Email I 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 Geieral 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 05/12/21 Page 3 of 16 BoBS 2804 (Rev. 04106/20) 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 anv reason (2) the Governor decreases the DEPARMENT's funding by reserving some or ail 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 shalt 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. 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. SubcontractinglProcurement ProcedureslEmployment 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 500i20-20(a) and 44 Ill. 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. 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 05112/21 Page 4 of 16 BOBS 2804 (Rev. 04106120) Part 3 ® FEDERALLY FUNDED AGREEMENTS [Not applicable to this Agreement) Printed 05/12/21 Page 5 of 16 BoBS 2804 (Rev. 04106120) 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 (District One -Bureau of Financial Services 4 Address 1201 West Center Court city State Zip Code (Schaumburg 11I1- 1160196-1096 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 39sf 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 05/12/21 Page 6 of 16 BoBS 2804 (Rev. 04106/20) 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)). 1. 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 parry'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 002121 Page 7 of 16 BoBS 2804 (Rev. 04106120) 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 Evanston Taxpayer Identification Number: 36-6005-870 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 05/12/21 Page 8 of 16 BoBS 2804 (Rev. 04106/20) 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 GOVERNMENTAL BODY indicated on Exhibit A, either with its own forces or through contractual agreements. 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. 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. Master Monitoring Costs. Master controllers 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 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. 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. Printed 05112121 Page 9 of 16 BoBS 2804 (Rev. 04106120) 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. 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 05/12/21 Page 10 of 16 BoBS 2804 (Rev. 04106/20) PART 6 COMPENSATION FOR SERVICES Funding Not Applicable Subtotal Local Match Provided Through the GOVERNMENTAL BODYI GRAND TOTALI Fundinq 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. Bills shall be submitted to the DEPARTMENT on a quarterly 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 GOVERNMENTAL BODY. 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 GOVERNMENTAL BODY costs are composed of labor, equipment, materials, and the quantity of each. The cost for labor will be determined by the actual hourly rate for the employee plus a multiplier calculated by the GOVERNMENTAL BODY to include direct and indirect labor related costs, retirement, Social Security, health, hospitalization and life insurance, holidays, vacation, sick leave and worker's compensation. Equipment costs will be as listed in the Schedule of Average Annual Equipment Ownership Expense. Materials will be at cost. v. The cost for contracted work will be the actual cost for the contractor. a. Maintenance of the traffic signals shall be performed by the GOVERNMENTAL BODY through the 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 Printed 05/12/21 Page 11 of 16 BoBS 2804 (Rev. 04106120) email to the address shown below: For the DEPARTMENT: For the GOVERNMENTAL BODY: Budqet (Not Applicable Printed 05/12/21 Page 12 of 16 BoBS 2804 (Rev. 04/06120) PART 7 CERTIFICATION REGARDING LOBBYING (49 CFR PART 20) ® [NOT APPLICABLE TO THIS AGREEMENT] Printed 05/12121 Page 13 of 16 BoBS 2804 (Rev. 04/06120) PART 8 AGREEMENT AWARD NOTIFICATION REQUIRED FOR ALL PROJECTS, Does this project receive Federal funds? ❑ Yes ® No Amount of Federal funds Name of Project 1 11 Federal Project Number I CFDA Number", Federal Aqencv, Proqram Title .For CFDA (Catalog of Federal Domestic Assistance) Number, refer to original Federal Award/Grant Agreement. REMAINDER OF THIS PAGE IS INTENTIONALLY BLANK Printed 05112/21 Page 14 of 16 BoBS 2804 (Rev. 04106120) 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, 1L 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.AuditReviewBillinois.00v or via fax at 217/782-5634. If you have any questions, please contact the Audit Coordination Section at 2171782-6041. Printed 05/12121 Page 15 of 16 BoBS 2804 (Rev. 04106120) NOTICE Do not submit this certification to the DEPARTMENT with your signed contract. • The certification applies ONLY :o 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. I certify thaf Subrecipient I Contact Person Address Phone I Sinale Audit Not Reauired Certification. expended less than $750,000 in Federal awards in our fiscal year , and was not required to have a single audit conducted. Fax II Siqnature Date il Title I Subrecinient Contact Information, Title �I City II Fiscal Year End II A State Zip Code II li Printed 05112121 Page 16 of 16 BoBS 2804 (Rev. 04106l20) 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 Evanston in Cook County that are subject to the provisions of the attached Master Agreement to which this list is an exhibit. As of 6/12/2021 % OF MAINTENANCE % OF ENERGY CHARGES AGENCY RESPONSIBILITY RESPONSIBILITY PERFORMING (LOCATION TS# STATE ILOCALI OTHER STATE ILOCALI OTHER MAINT. Crawford Av at Harrison St/Old Orchard Rd TS4920 100 50 37.5 I ( 12.5 SKOKIE STATE Crawford Av at Golf Rd/Simpson ITS4915 100 ( 100 I STATE Emerson Si/Golf Rd at E Prairie/McDaniel ITS5145 50 25 25 SKOKIE 50 I 25 , 25 SKOKIE STATE Emerson St/Golf Rd at McCormick Blvd ITS5170 75 I 25 75 25 I STATE Golf Rd/Simpson St at Central Park Ave ITS5140 1 50 I 25 I 25 SKOKIE 50 25 I 25 SKOKIE I STATE Gross Pt Rd at Harrison St/Old Orchard ITS5245 I 75 I 12.5 I 12.5 SKOKIE 75 ( 12.5 I 12.5 SKOKIE , STATE h`S'��,r•.�k�f,.1'.. Yif,•`i��SF(tstSiRillL!r '�([�y!�1L'�y' �t ,x •.t��l��y,•lh 2�'sS �ti;,4L`•`�!r!� �7�;4; �_,r!<F {51s ��?Y#i;��fx <; r1�Y1�SrLba}N!�,A.'.Mr.^,��xs��s��n���i�x��:lac.:�•iilkf���;v1'����i�`.}�. 3yi? ���'.24 t•��y `� :•`���`a�'�fl.� b��. xsl�a s, •+.3 �,, •2. .>4}�x.'3 �,�f:; ''fvc 9.[I�4�52rn 4S{w„�i?;i�i���`•+�S:�s i'idi �eit�cd�;5jlr.i��(y��('}�1.:y1,j?.)ii�,��r���.t��fl?S!,�ti#�ss }.t,�kkf.n,:.���.3:iY EXHIBIT B LONG FORM TRAFFIC SIGNAL MAINTENANCE PROVISIONS A. GENERAL PROVISIONS 1. DOCUMENTATION The GOVERNMEMNTAL BODY shall provide the supporting documents for the items being billed. The approval of an invoice is contingent upon the supporting documentation. 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 uses 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. 2. REFERENCES All governing specification texts and manuals (ex: the Standard Specifications for Road and Bridge Construction, the Manual on Uniform Traffic Control Devices ((MUTCD))) cited and referred to herein shall be latest editions of those specification texts and manuals. 3. CABINET PACK Wiring diagrams, phase diagrams, and manuals 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, repairs and maintenance activities 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. 4. HARDWARE SPECIFICATIONS All equipment and material used shall comply with the requirement of the DEPARTMENT's latest edition of Standard Specifications for Road and Bridge Construction and the district special provisions. Maintain logs of equipment installation dates for warranty and for end of service life determination purposes. Catalog cuts shall be submitted to the DEPARTMENT for compliance with the district special provisions. 5. ROADWAY LIGHTING Maintenance of roadway lighting on combination pole assemblies, including but not limitedto lighting mast arm(s), luminaire(s), cable, fusing, and control shall be the responsibility of the GOVERNMENTAL BODY. Agreements regarding other roadway lighting equipment shall remain unchanged by this IGA. 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 cost of inspecting and maintaining the combination pole lighting system equipment is the responsibility of the GOVERNMENTAL BODY. In addition to regular inspection and maintenance, replacing damaged or missing combination pole lighting system equipment is the responsibility of the GOVERNMENTAL BODY. 6. 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. 7. TRAFFIC SIGNALS INTERCONNECTED TO RAILROAD WARNING DEVICES At all locations with railroad/traffic signal interconnects, respond to any failure or damage and all emergency and all red flash alarms within one (1) hour and notify the DEPARTMENT and the Illinois Commerce Commission of any malfunction with railroad preemption equipment. Traffic signal railroad preempt parameters including but not limited to the phase timings, phase sequences and pedestrian and vehicular clearance intervals shall not be modified without prior approval from the DEPARTMENT and the Illinois Commerce Commission. Maintain unique spare controller data modules or sets of data chips containing the finial railroad preemption parameters for each location. Cooperate in any inspection as deemed necessary by the DEPARTMENT or the Illinois Commerce Commission. The interconnect controller cabinet shall display the location, the minimum preemption time and the railroad and the Department twenty -four -seven contact phone numbers. The display stickers one for the signal cabinet and another for the railroad bungalow will be furnished by the DEPARTMENT. 8. DAMAGE REPAIRS Repair or replace any or all equipment damaged by any cause whatsoever within the time shown in the Response Table. Replaced equipment shall be new. Response Table ITEM Cabinet Controllers and Peripheral Equipment 1 System Detector Loop All Other Detectors Signal Head and Lenses Aviation Red Beacon Mast Arm Assembly and Pole Traffic Signal Post Cable and Conduit Interconnect and Telemetry Graffiti Removal Misalignment of Signal Heads Closed Loop Monitoring System Post and Poles Plumb Vertically Controller, Post & Pole Foundations Complaints, Calls, Controller or System Alarms, Timing, Phasinq, Proqramming Patrol Truck Deficiencies Signal Heads Visibility 2 :PERMANENT. RESPONSE -; ; .:;. SERVICE .`..:. ; :.:REPAIR RESTORATION (calendar..days). 1 hour 24 hours 21 days 1 hour 4 hours 21 days 1 hour NA 7 days 1 hour NA 21 days 1 hour 4 hours 7 days 1 hour 4 hours 7 days 1 1 hour 4 hours 7 days 1 hour 4 hours 7 days 1 hour 4 hours 7 days 1 hour 4 hours 7 days j NA NA 7 days 1 hour 4 hours 4 hours 1 hour 24 hours 14 days NA NA 21 days NA NA 21 days 1 hour 4 hours NA NA 24 hours 24 hours 1 day 2 days 14 days 9. ACCIDENT DAMAGE Be responsible to make recovery for damage to any part of the installation or system from the party causing the damage. Document damage to facilities and notify the Department of the damage to determine the required repair or replacement. Whenever third -party claims cannot be recovered, the GOVERNMENTAL BODY shall share in the loss in accordance with the percentages shown in Exhibit A. 10.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, or manually directing traffic through the use of proper authorities. When work is within the traveled way, provide protection for workers and for traveling public by providing adequate traffic control. The traffic control shall conform to the latest edition of Manual on Uniform Traffic Control Devices. 11. EMERGENCY PERSONNEL Provide skilled maintenance personnel who will be available to respond within one (1) hour 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. 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. 2. 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. 3. LED SIGNAL HEAD AND LED MODULE REPLACEMENT An LED module shall be considered failed and shall be replaced if at least one-fourth of the signal indication is dark or if the module fails to meet ITE specification on minimum maintained luminous intensity. 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 failure. Provide replacement LED modules and LED signal heads that fully comply to the latest applicable Institute of Transportation Engineers (I.T.E.) specifications. 4. PAINTING Painted signal components shall be repainted as necessary per the paint system's manufacturer's requirements. 5. The GOVERNMENTAL BODY shall also be responsible for maintenance of the installed street name signs on approaches to a State highway from a local road. Because of the value of street name signs to motorists, the GOVERNMENTAL BODY local agencies shall provide such signs at all named State highway intersections. 3 C. WEEKLY 1. MASTER CONTROLLER SYSTEMS At locations that are a part of a closed loop signal system 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 and closed loop signal system management software (Aries, Tactics, Centracs, etc.) on a PC or a server 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. Ensure that communications to master controllers and central signal systems (telephone lines, radio broadband connections, etc.) are functioning and report issues to service providers for repair. Where applicable the GOVERNMENTAL BODY shall utilize JULIE for locate services. 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. 4 E. ANNUALLY 1. SIGNAL HEADS VISIBILITY Remove any obstruction blocking the line of sight of the traffic signal face to the motorist, including snow and ice. The maintaining agency shall trim trees, bushes or any other form of vegetation blocking said lines of sight. The maintaining agency shall remove, or order the removal of, any man-made obstructions such as signs or banner blocking said line of sight. Visibility for line of sight shall meet the standards established and contained in the Manual on Uniform Traffic Control Devices (MUTCD). All trimmed vegetation shall be legally disposed of by the maintaining agency off the right of way. 2. 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. The inspection shall focus on the structural elements of the mast arm assembly and must include a close-up arm's length investigation of the mast arm, pole, mast to pole connection, base plate, and anchor bolts. The arm of the assembly shall be visually inspected at all signal head connections for any defects, such as cracks or buckles. Inspect the mast arm to pole connection for significant loss of section, cracks in welds or base metal, and deterioration of the connection plates. The bolts of the arm to pole connection shall be inspected for tightness and condition. Check the pole for external corrosion, impact damage, rust through perforation, deflection, distortion, or cracking. Closely inspect pole for corrosion near the base plate, especially if mounted on a grout bed. Check welds of the pole to base plate connection for cracks. Inspect base plate for section loss or deformation. Inspect mast arm anchor bolts for any corrosion or bending, and for Icose or missing nuts. Upon discover of any buckles or significant structural defects (loose or missing nuts, severe corrosion or dents, cracks in welds, plate or structure, etc.), take corrective action in a timely manner. 3. ANNUAL CONFLICT MONITOR AND MMU TEST Test all conflict monitors and MMUs once every two years in accordance with manufacturer recommendations. Failed conflict monitors or MMUs shall be replaced with new units. The GOVERNMENTAL BODY, upon request, shall submit copies of the CMUIMMU test reports to the DEPARTMENT. These reports shall be maintained pursuant to Part 2, Paragraph E., "Records Preservation" of the AGREEMENT. 4. 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. SAGENWRAFFICITraffic Svstems EnoineerllGA for TS Mai ntenancel10022020YGExhibitlof final edits edit free .docx 5