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HomeMy WebLinkAbout35-R-25_Section23-00297-00-SW_ProjectC-91-148-24_JobC-91-14B-24Docusign Envelope ID: 72CC1C4B-0383-45E5-8FE2-1FB5CFB7B042 ®o nois sportDepartmention of Transportation Local Public Aaencv (City of Evanston Fund Tvoe ITAP-SRTS Construction State Job Number IC-91-148-24 ❑ Local Let/Day Labor Joint Funding Agreement for Federally Funded Construction ,LOCALPUBLICAGENCY County Section Number IlCook II23-00297-00-SW ITEP. SRTS. HSIP Number(s) MPO Name MPO TIP Number IICRTS-021-1026 IICMAP II02-23-0015 Project Number IXFOD(103) I ® Construction on State Letting ❑ Construction Engineering ❑ Utilities ❑ Railroad Work LOCATION _ -- ---- --'-�---�---- ----- —' Stationing Local Street(Road Name Kev Route (Various IINA Location Termini IVarious locations at 12 schools within the City of Evanston Current Jurisdiction ICity, of Evanston Length From To IINA IINA IINA Existinq Structure Number(s) I Ii Remove r PROJECT DESCRIPTION Replacement of existing sidewalk slabs that are in poor condition or do not meet PROWAG standards at twelve school locations within the City of Evanston. Page 1 or 10 BLR 05310C (Rev 0510374) Docusign Envelope ID: 72CC1C4B-0383-45E5-BFE2-1FB5CFB7B042 Local Public Aoencv (City of Evanston Section Number State Job Number Project Number II23-00297-00-SW lIC9114824 IIXFOD(103) This Agreement is made and entered into between the above local public agency, hereinafter referred to as the "LPA" and the State of Illinois, acting by and through its Department of Transportation. hereinafter referred to as the "STATE". The STATE and LPA jointly proposes to improve the designated location as described in the Location and Project Description sections of this agreement. The improvement shall be constructed in accordance with plans prepared by. or on behalf of the LPA and approved by the STATE using the STATE's policies and procedures approved and/or required by the Federal Highway Administration, hereby referred to as "FHWA'. 'L GENERAL _..— —_ --- 1.1 Availabitit oY f AapLopria_tiom Sufficiency -of Funds. This Agreement is contingent upon and subject to the availability of sufficient funds. The STATE may terminate or suspend this Agreement, in whole or in part, without penalty or further payment being required. if (i) sufficient funds for this Agreement have not been appropriated or otherwise made available to the LPA by the STATE or the federal funding source, (ri) the Governor or STATE reserves funds, or (iii) the Governor or STATE determines that funds will not or may not be available for payment The STATE shall provide notice, in writing. to LPA of any such funding failure and its election to terminate or suspend this Agreement as soon as practicable, Any suspension or termination pursuant to this Section will be effective upon the date of the written notice unless otherwise Indicated. 1.2 Domestic Steej,Requirement, Construction of the project will utilize domestic steel as required by Section 106.01 of the current edition of the Standard Specifications for Road and Bridge Construction and federal Build America -Buy America provisions, 1.3 Federal Authorization. That this Agreement and the covenants contained herein shall become null and void in the event that the FHWA does not approve the proposed improvement for Federal -aid participation within one (1) year of the date of execution of the agreement. 1.4 Severabiiity. If any provision of this Agreement is declared invalid, its other provisions shall not be affected thereby, 1.5 Termination. This Agreement may be terminated, In whole or in part, by either Party for any or no reason upon thirty (30) calendar days' pnor written notice to the other Party. If terminated by the STATE, the STATE must include the reasons for such termination, the effective date, and, in the case of a partial termination, the portion to be terminated. If the STATE determines in the case of a partial termination that the reduced or modified portion of the funding award will not accomplish the purposes for which the funding award was made, the STATE may terminate the Agreement in its entirety. This Agreement may be terminated, in whole or in part. by the STATE without advance notice: a. Pursuant to a funding failure as provided under Article 1.1. b. If LPA fails to comply with the terms and conditions of this funding award, application or proposal, including any applicable rules or regulations, or has made a false representation in connection with the receipt of this or any award It. REQUIRED CERTIFICATIONS By execution of this Agreement and the LPA's obligations and services hereunder are hereby made and must be performed in compliance with all applicable federal and State laws, including, without limitation, federal regulations, State administrative rules and any and all license requirements or professional certification provisions. 2.1 Uniform Administrative Requirements. Cast Pdndnles. and Audit RequiremeIlt�L2EedeWlr({waCds�2 CFR Part 200 The LPA certifies that it shall adhere to the applicable Uniform Administrative Requirements, Cost Principles, and Audit Requirements, which are published in Tille 2, Part 200 of the Code of Federal Regulations, and are incorporated herein by reference 2.2 C �a rLce w�J.jt �egLstLdQ4Lt lguir merits. LPA certifies that it: (i) is registered with the federal SAM system: (d) is in good standing with the Illinois Secretary of State, if applicable; (iii) have a valid DUNS Number; (iv) have a valid UEI, if app`icable It is LPA's responsibility to remain current with these registrations and requirements. 2.3 Bribery. The LPA certifies to the best of it's knowledge that it's officials have not been convicted of bribery or attempting to bribe an officer or employee of the state of Illinois, nor made an admission of guilt of such conduct which is a matter of record (30 ILCS 500150-5). 2.4 Bid Rioeing. LPA certifies that it has not been barred from contracting with a unit of state or local government as a result of a violation of Paragraph 33E-3 or 33E-4 of the Criminal Code of 1961 (720 ILCS 5133E-3 or 720 ILCS 5133E-0, respectively) 2.5 Debt to State. LPA certifies that neither it, nor its affiliate(s), is/are barred from receiving an Award because the LPA, or Its affiliate(s), is/are delinquent in the payment of any debt to the STATE, unless the LPA. or its aKliate(s), has/have entered into a deferred payment plan to pay off the debt, and STATE acknowledges the LPA may declare the Agreement void if the certification is false (30 ILCS 500/50-11). 2.6 Debarment The LPA certifies to the best of its knowledge and belief that it's officials: a. are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any Federal department or agency; b. have not within a three-year period preceding this agreement been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, Stale or local) transaction or contract under a public transaction: violation of Federal or State anti-trust statutes or Page 2 of 10 BLR 05310C (Rev. 05!09124) Docusign Envelope ID: 72CC1C4B-0383-45E5-8FE2-1FB5CFB7B042 Local Publ'c Aaencv Section Number State Job Number Project Number ICity of Evanston II23-00297-00-SW lIC9114824 IIXFOD(103) commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements receiving stolen property; c. are not presently indicated for or otherwise criminally or civilly charged by a governmental entity (Federal. State, Local) with commission of any of the offenses enumerated in item (b) of this certification; and d have not within a three-year per.od preceding the agreement had one or more public transactions (Federal, State, Local) terminated for cause or default_ 27 Constructiogo(Fixed,Works. The LPA certifies that all Programs for the construction of fixed works which are financed in whole or in part with funds provided by this Agreement shall be subject to the Prevailing Wage Act (8201LCS 13010,01 et seq.) unless the provisions of that Act exempt its application. in the construction of the Program, the LPA shall comply with the requirements of the Prevailing Wage Act including, but not limited to, inserting into all contracts for such construction a stipulation to the effect that not less than the prevailing rate of wages as applicable to the Program shall be paid to a;l laborers, workers, and mechanics performing work under the Award and requiring all bonds of contractors to include a provision as will guarantee the faithful performance of such prevailing wage clause as provided by contract 2.8 Criminal Convictions. The LPA certifies that neither it nor any managerial agent of LPA has been convicted of a felony under the Sarbanes-Oxley Act of 2002, nor a Class 3 or Class 2 felony under Illinois Securities Law of 1953. or that at least five (5) years have passed since the date of the conviction. The LPA further certifies that it is not barred from receiving an funding award under 30 ILCS 500150.105 and acknowledges that STATE shall dec!are the Agreement void if this certification is false (30 ILCS 50050.10.5). 2.9 Improper Influence, The LPA certifies that no funds have been paid or will be paid by or on behalf of the LPA to any person for influencing or aftempt:ng to influence an officer or employee of any government agency, a member of Congress or Illinois General Assembly, an officer or employee of Congress or Illind s General Assembly, or an employee of a member of Congress or Illinois General Assembly in connection with the awarding of any agreement, the making of any grant, the making of any loan, the entering into of any cooperative agreement. or the extension, continuation. renewal. amendment or modification of any agreement, grant, loan, or cooperative agreement. 31 USC 1352, Additionally, the LPA certifies that it has filed the required certification under the Byrd Anti -Lobbying Amendment (31 USC 1352), if applicable. 2.10 Telepori. rohibition, The LPA certifies that it will comply with Section 889 of the FY 2019 National Defense Authorization Act (NDAA) that prohibits the use of telecommunications or video surveillance equipment or services produced or provided by the fofowing companies; Dahua Technology Company, Hangzhou Hikvision Digital Technology Company, Huawei Technologies Company. Hytera Communications Corporation, and ZTE Corporation. Covered equipment and services cannot be used as substantial or essential component or any system, or as critical technology as part of any system. 2.11 Personal Conflict of Interest - (50 ILCS 105M, 65 ILCS 513.1-55-10, 65 ILCS 54-8-6) The LPA certifies that it shall maintain a written code or standard of conduct which shall govern the performance of its employees, officers. board members, or agents engaged in the award and administration of contracts supported by stale or federal funds. Such code shall provide that no employee. officer, board member or agent of the LPA may participate in the selection; award, or administration of a contract supported by stale or federal funds if a conflict of interest, real or apparent would be involved. Such a conflict would arise when any of the parties set forth below has a financial or other interest in the firm selected for award: a. the employee, officer, board member, or agent; b. any member of his or her immediate family: c. his or her partner; or d. an organization which employs, or is about to employ. any of the above. The conflict of interest restriction for former employees, officers, board members and agents shall apply for one year. The code shall also provide that LPA's employees, officers, board members. or agents shall neither solicit nor accept gratuities. favors or anything of monetary value from contractors, potent at contractors, or parties to subcontracts. The STATE may waive the prohibition contained in the subsection. provided that any such present employee, officer, board member, or agent shall not participate in any action by the LPA relating to such contract, subcontract, or arrangement. The code shall also prohibit the officers, employees, board members, or agents of the LPA from using their positions for a purpose that constitutes or presents the appearance of personal or organzational conflict of interest or persona) gain. 2.12 Organizational Conflict ollnterest - The LPA certifies that it will also prevent any real or apparent organizational conflict of interest. An organizational conflict of interest exists when the nature of the work to be performed under a proposed third party contract or subcontract may, without some restriction an future activities, result in an unfair competitive advantage to the third party contractor or LPA or Impair the objectivity in performing the contract work. 2.13 Accounting Systern. The LPA certifies that it has an accounting system that provides accurate, current, and complete disclosure of all financial transactions related to each state and federally funded program. Accounting records must contain information Page 3 of 10 BLR 05310C (Rev 05/0g124) Docusign Envelope ID: 72CC1C4B-0383-45E5-BFE2-1 FB5CFB7B042 Local Public Aqencv ICity of Evanston Section Number State Job Number Project Number II23-00297-00-SW lIC9114824 IIXFOD(103) pertaining to state and federal pass -through awards, authorizations, obligations, unobligated balances, assets, outlays, and income. To comply with 2 CFR 200.305(b)(7)(i), the LPA shall use reasonable efforts to ensure that funding streams are delineated within LPA's accounting system See 2 CFR 200 302 III. ALIDIT'AND RECORD RETENTION 3.1 Single Audits: The LPA shall be subject to the audit requirements contained in the Single Audit Act Amendments of 1996 (31 USC 7501-7507) and Subpart F of 2 CFR Part 200. If, during its fiscal year. LPA expends $750,000 or more in Federal Awards (direct federal and federal pass -through awards combined), LPA must have a single audit or program -specific audit conducted for that year as required by 2 CFR 200.501 and other applicable sections of Subpart F of 2 CFR Part 200 A copy of the audit report must be submitted to the STATE (IDOTs Financial Review & Investigations Section, Room 126 2300 South Dirksen Parkway. Springfield, Illinois. 62764) within 30 days after the completion of the audit, but no later than one year after the end of the LPA's fiscal year. Assistance Listing number (formally known as the Catalog of Federal Domestic Assistance (CFDA) number) for all highway planning and construction activities is 20.205. Federal funds utilized for construction activities on projects let and awarded by the STATE (federal amounts shown as `Participating Construction` on Schedule 2) are not included in a LPA's calculation of federal funds expended by the LPA for Single Audit purposes. 3.2 STATE Audis_: The STATE may, at its sole discretion and at its own expense, perform a final audit of the Project (30 ILCS 5, the 111'nois State Auding Act). Such audit may be used for settlement of the Project expenses and for Project closeout purposes. The LPA agrees to implement any audit findings contained in the STATE's authorized inspection or review, final audit. the STATE's independent audit, or as a result of any duly authorized inspection or review. 3.3 Record Retention. The LPA shall maintain for three (3) years from the date of final project closeout by the STATE, adequate books. records, and supporting documents to verify the amounts, recipient, and uses of all disbursements of funds passing in conjunction with this contract adequate to comply with 2 CFR 200,334 If any litigation, claim or audit is started before the expiration of the retention perod, the records must be retained until all litigation. claims or audit exceptions involving the records have been resolved and final action taken. 3.4 Accessibility of,Records. The LPA shall permit, and shall require its contractors and auditors to permit, the STATE, and any authorized agent of the STATE, to inspect all work, materials, payrolls, audit working papers, and other data and records pertaining to the Project, and to audit the books, records, and accounts of the LPA with regard to the Project. The LPA in compliance with 2 CFR 200.337 shall make books, records, related papers, supporting documentation and personnel relevant to this Agreement available to authorized STATE representatives, the Illinois Auditor General. Illinois Attorney General, any Executive Inspector General, the STATE's Inspector General, federal authorities. any person identified in 2 CFR 200.337, and any other person as may be authorized by the STATE (including auditors), by the state of Illinois or by federal statute. The LPA shall cooperate fully in any such audit or inquiry. 3.5 Failure to maintain the books and records. Failure to maintain the books, records and supporting documents required by this section shall establish presumption in favor of the STATE for recovery of any funds paid by the STATE under the terms of this contract. IV. LPA FISCAL RESPONSIBILITIES 4.1 To provide all initial funding and payment for construction engineering, utility, and railroad work 4.2 LPA Appropriation Requirement. By execution of this Agreement the LPA attests that sufficient moneys have been appropriated or reserved by resolution or ordinance to fund the LPA share of project costs. A copy of the authorizing resolution or ordinance is attached as Schedule 5 43 Reimbursement Requests For reimbursement requests the LPA will submit supporting documentation with each invoice. Supporting documentation is defined as verification of payment, certified time sheets or summaries. vendor invoices, vendor receipts, cost plus fix fee invoice, progress report. personnel and direct cost summaries, and other documentation supporting the requested reimbursement amount (Form BLR 05621 should be used for consultant invoicing purposes). LPA invoice requests to the STATE will be submitted with sequential invoice numbers by project. 44 Financial Integrity Review and Evaluation (FIRE),program: LPA's and the STATE must justify continued federal funding on inactive projects. 23 CFR 630 106(a)(5) defines an inactive project as a project which no expenditures have been charged against Federal funds for the past twelve (12) months. To keep projects active, invoicing must occur a minimum of one time within any given twelve (12) month period. However, to ensure adequate processing time, the first invoice shall be submitted to the STATE within six (6) months of the federal authorization dale Subsequent invoices will be submitted in intervals not to exceed six (6) months. 4.5 Final Invoice: The LPA will submit to the STATE a complete and detailed final invoice with applicable supporting documentation of all incurred costs, less previous payments, no later than twelve (12) months from the date of completion of work or from the date of the previous invoice, whichever occurs first. If a final invoice is not received within this time frame, the most recent invoice Page 4 of 10 BLR 05310C (Rev. 0510924) Docusign Envelope ID: 72CC1C4B-0383-45E5-8FE2-1FB5CFB7B042 Loral Public Aaencv ICity of Evanston Section Number Slate Job Number Project Number II23-00297-00-SW lIC9114824 IIXFOD(103) may be considered the final invoice and the obligation of the funds closed. Form SLR 05613 (Engineering Payment Record) is required to be submitted with the final invoice for engineering projects. 4.6 Prcjecj Closeout: The LPA shall provide the final report to the appropriate STATE district office within twelve (12) months of the physical completion date of the project so that the report may be audited and approved for payment. If the deadline cannot be met, a written explanation must be provided to the district prior to the end of the twelve (12) months documenting the reason and the new anticipated date of completion. If the extended deadline is not met, this process must be repeated until the project is closed. Failure to follow this process may result In the immediate close-out of the project and loss of further funding. 4.7 EMject EB.d_Qate: The period of performance (end date) for state and federal obligation purposes is five (5) years for projects under S1.000,00D or seven (7) years for projects over $1,000,000 from the execution date of the agreement. Requests for time extensions and joint agreement amendments must be received and approved prior to expiration of the project end date. Failure to extend the end date may result in the immediate close-out of the project and loss of further funding. V. THE LPA AGREE_ S 5.1 To acquire in its name. or in the name of the STATE if on the STATE highway system, all right-of-way necessary for this project in accordance with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, and established State policies and procedures. Prior to advertising for bids. the LPA shall certify to the STATE that all requirements of Titles It and III of said Uniform Act have been satisfied. The disposition of encroachments, if any, will be cooperatively determined by representatives of the LPA, the STATE, and the FHWA If required. 5.2 To provide for all utility adjustments and to regulate the use of the right-of-way of this improvement by utilities, public and private, in accordance with the current Utility Accommodation Policy for Local Public Agency Highway and Street Systems. 5.3 To provide on -site engineering supervision and inspection during construction of the proposed improvement. 5.4 To retain jurisdiction of the completed improvement unless specified otherwise by schedule (schedule should be accompanied by a location map). If the improvement location is currently under road district jurisdiction, a jurisdictional schedule is required 5.5 To maintain or cause to be maintained the completed Improvement (or that portion within its jurisdiction as established by schedule) in a manner satisfactory to the STATE and the FHWA. 5.6 To provide if required, for the improvement of any railroad -highway grade crossing and rail crossing protection within the limits of the proposed improvement. 5.7 To regulate parking and traffic in accordance with the approved project report. 5.8 To regulate encroachments on public rights -of -way in accordance with current Illinois Compiled Statutes. 5.9 To regulate the discharge of sanitary sewage into any storm water drainage system constructed with this improvement in accordance with the current Illinois Compiled Statutes. 5.10 For contracts awarded by the LPA, the LPA shalt not discriminate on the basis of race, color, national origin or sex in the award and performance of any USDOT - assisted contract or in the administration of Its DBE program or the requirements of 49 CFR part 26. The LPA shall take all necessary and reasonable steps under 49 CFR part 26 to ensure nondiscrimination in the award and administration of USDOT - assisted contracts The LPA's DBE program, as required by 49 CFR part 26 and as approved by USDOT. is incorporated by reference in this agreement. Upon notification to the recipient of its failure to carry out its approved program, the STATE may impose sanctions as provided for under Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S. C 1001 andfor the Program Fraud Civil Remedies Act of 1986 (31 U.S.0 3801 at seq.). In the absence of a USDOT - approved LPA DBE Program or on STATE awarded contracts, this agreement shall be administered under the provisions of the STATE'S USDOT approved Disadvantaged Business Enterprise Program. 5.12 That execution of this agreement constitutes the LPA's concurrence in the award of the construction contract to the responsible low bidder as determined by the STATE. VI. THE STATE AGREES 6.1 To provide such guidance, assistance, and supervision to monitor and perform audits to the extent necessary to assure validity of the LPA's certification of compliance with Title 11 and III Requirements. 6.2 To receive bids for construction of the proposed improvement when the plans have been approved by the STATE (and FHWA, if required) and to award a contract for construction of the proposed improvement after receipt of a satisfactory bid. 6.3 To provide all initia: funding and payments to the contractor for construction work let by the STATE. The LPA will be invoiced for their share of contract costs per the method of payment selected under Method of Financing based on the Division of Costs shown on Schedule 2. Page 5 of 10 8LR 05310C (Rev. 0510924) Docusign Envelope ID: 72CC1C4B-0383-45E5-8FE2-1FB5CFB7B042 Local Public Aoencv (City of Evanston Section Number State Job Number Project Number 1123-00297-00-SW lIC9114824 IIXFOD(103) 6.4 For agreements with federal andlor state funds in local let/day labor construction, construction engineering. utilly work and/or railroad work: a. To reimburse the LPA for federal and/or state share on the basis of periodic billings, provided said billings contain sufficient cost information and show evidence of payments by the LPA, b. To provide independent assurance sampling and furnish off -site material inspection and testing at sources normally visited by STATE Inspectors for steel, cement, aggregate, structural steel, and other materials customarily tested by the STATE SCHEDULES Additional information andror stipulations are hereby attached and identified below as being a part of this agreement, 1® 1. (Division of Cost 1® 2. Location Map ® 3. (Risk Assessment 1® 4. (Attestations 1® 5. (Resolution' I❑I 1❑ I❑ I I❑I I 'Appropriation and signature authority resolution must be in effect on. or prior to, the execution date of the agreement. Page 6 of 10 BLR 05310C (Rev 05'09124) Docusign Envelope ID: 72CC1C4B-0383-45E5-8FE2-7FB5CFB7B042 Local Public Agency Section Number State Job Number Project Number ICity of Evanston II23-00297-00-SW lIC9114824 IIXFOD(103) AGREEMENT SIGNATURES EXECUTION The LPA agrees to accept and comply with the applicable provision set forth in this agreement including attached schedules. APPROVED Local Public Agency Name of Official fPnnt or TVDe Name) (Daniel Biss Title of Official (Mayor Signature Dale 6a �t/x3iZ� The above signature certifies the agency s TIN number is 366005870 conducting business as a Governmental Entity. DUNS Number 074390907 UEI XKVUMPNBPBN1 APPROVED State of Illinois Department of Transportation ,Gia Biagi, Secretary of Transportation Date Signed by: ( 8/5/202514:0 PM CDT ✓JI.Q. �wo�. Du.:.%�1XA„B�W mil. �"`Y""" Greg Lupton, Acting Engineer of Local Roads & Streets Date N/A 11 Lora Rensing, Director of Highways PI Date N/A Michael Prater. Chief Counsel Date N/A Vicki Wilson. Chief Fiscal Officer Date N/A I) NOTE; A resolution authorizing the local official (or their delpgato) to execute this agreement and appropriation of local funds is required and attached as Schedule 5. The resolution must be approved prior to, or concurrently with, the execution of this agreement. If BLR 09110 or BLR 09120 are used to appropriate local matching funds, attach these forms to the signature 3uthgrjzatlon resolution. E] Please check this box to open a fellable Resolution form within this form Page 7 or 10 BLR 05310C (Rev 05109124) Local Public Aqencv City of Evanston Type of Work Participating Construction SCHEDULE NUMBER 1 County Section Number IICook II23-00297-00-SW DIVISION OF COST Federal Funds Stale Funds (Fund Type Amount % Fund Type Amount % ISRTS $249,951.00 Slate Job Number Proiect Number _ IIC-91-148-24 IIXFOD(103) Local Public Agency-- ----` Fund Type Amount % Totals Local $240.049.00 BAL $490.000.00 I I Total $249,951,00 Total Total $240,049.00 $490,000,001 If fundina is not a percenlaoe of the total place an asterisk M in the space orovided for the oercenlaoe and explain below: I -Maximum FHWA (SRTS) participation 80%, NTE $249,951 i NOTE: The costs shown in the Division of Cost table are approximate and subject to Grange. The final LPA share is dependent on the final Federal and Stale participation. The actual 1 costs will be used in the final division of cost for billing and reimbursement. Check _One METHOD OF FINANCING - (State -Let Contract. Work Only)_ - ❑ METHOD A - Lump Sum (80% or LPA Obligation ) Lump Sum Payment - Upon award of the contract for this Improvement, the LPA will pay the STATE within thirty (30) calendar days of billing, in lump sum, an amount equal to 80% of the LPA's estimated obligation incurred under this agreement. The LPA will pay to the STATE the remainder of the LPA's obligation (including any nonparticipating costs) In a lump sum within thirty (30) calendar days of billing in a lump sum. upon completion of the project based on final costs. ❑ METHOD B - Monthly Payments of due by the of each successive month. Monthly Payments - Upon award of the contract for this improvement, the LPA will pay to the STATE a specified amount each month for an estimated period of months, or until 80% of the LPA's estimated obligation under the provisions of the agreement has been paid. The LPA will pay to the STATE the remainder of the LPA's obligation (including any nonparticipating costs) in a lump sum, upon completion of the project based upon final costs. ® METHOD C - LPA's Share Balance divided by estimated total cost multiplied by actual progress payment - Progress Payments - Upon receipt of the contractor's first and subsequent progressive bills for this improvement, the LPA will pay to the STATE within thirty (30) calendar days of receipt, an amount equal to the LPA's share of the construction cost divided by the estimated total cost multiplied by the actual payment (appropriately adjust for nonparticipating casts) made to the contractor until the entire obligation incurred under this agreement has been paid. 0 0 n c m 0 a Page 8 of 10 SLR 05310C (Rev 05f09124) Docusign Envelope ID: 72CC1C4B-0383-45E5-BFE2-1FB5CFB7B042 Et -- 'CMRIVGTC\"IELEM+T+ `riu+wEicm=xuwr — y I� � aN:9LEYFLEME4lMY �cextwN LT fi IMCO:MYWPELE4'E,Y.r.QV ✓ 1 I4ti tPflgYEtENEMMY� � �' � l CiJa�N ST. - �„j AI.V[TI�LJ:MERpNP � n � F.EVEMMY� II W i '1� ui � G ti I i�^ " '= wwwmmon EtFaiaTnar� .g(^5 1 � '� E+t.TF.FIELFMMY _I SCHEDULE2 LOCATION MAP r, SCHEDULE NUMBER 3 Local Public Agency Section Number County Stale Jab Number Proiecl Number ICity of Evanston II23.00297-00-SW IlCook II II LRS Federal Funds;RISK ASSESSMENT Risk Factor Description Definition of Scale (lime frames are based on LPA fiscal.year) Points _ Have there been any changes in key organizational staff or 0 points - no significant changes in the last 4 or more years: 1 point - minor changes• leadership, such as Fiscal and Administrative Management, but majority of key staff and officials have not changed in the last 4 years; 2 points - 0 Transportation Related ProgramfProject Management, and/ significant key staff or elected leadership changes within the last 3 years; 3 points - or Elected Officials? significant key staff and elected leadership changes within the last 3 years - What is the LPA's history with federal -aid funded 0 points - One or more federal -aid funded transportation projects initiated per year; ] General History of transportation projects? point - At least one project initiated within the past three years; 2 points - AT least one 0 Performance project initiated within the past 5 years; 3points - None or more than 5 years Does LPA have qualified technical staff with experience 0 points - Full-time employee with experience designated as being in "responsible managing federal -aid funded transportations through [DOT? charge"; 1 point - LPA has qualified technical staff, but will be utilizing an engineering consultant to manage day-to-day with LPA technical staff oversight; 2 points - LPA has no technical staff and all technical work will be completed by consultant, but LPA staff 0 has prior experience with federal -aid projects; 3 points - LPA staff have no prior experience or technical expertise and relying solely on consultant Has the LPA been untimely in submitting invoicing, reporting 0 points - No; 1 point - Delays of 6 or more months: 2 points - Delays of up to 1 year: on federal -aid projects as required in 2 CFR 200. and or 3 points - 1 year or more years of delay 0 audits as required? Are the annual financial statements prepared in accordance 0 points - yes; 3 points - no 0 with Generally Accepted Accounting Principles or on a basis acceptable by the regulatory agency? What is the LPXs accounting system? 0 points - Automated accounting software; 1 point - Spreadsheets; 2 points - paper 0 Financial Controls only: 3 points - none Does the organization have written policies and procedures 0 points - yes; 3 points - no regarding proper segregation of duties for fiscal activities 0 that include but are not limited to, a) authorization of transactions; b) recordkeeping for receipts and payments; and c)cash management? When was the last time a financial statement audit was 0 points - in the past year; 1-point - in the past two years: 2 points - in the past three 0 conducted? years: 3 points - 4 years or more. or never What type of financial statement audit has the organization 0 points - Single Audit/Program Specific Audit in accordance with 2 CFR 200,501 or had conducted? Financial audit conducted in accordance with Generally Accepted Auditing Standards or 0 Audits Generally Accepted Government Auditing Standards; 1 point - Financial review?; 2 points Other type? or no audit required: 3 points - none Did the most recent audit disclose findings considered to be 0 points - no; 3 points - yes, or no audits required 0 significant deficiencies or material weaknesses? Have the findings been resolved? G.Points - yes or no findings; 1 point - in progress; 3 points - no 0 Summary of Risk District Review Signature & Date Central Office Review Signature & Date General History of Performance 0 25,�01 6y Fcly Grega�o D4 to 2025,01V IFely Gregor' o25.,.area:59.5r Date 2y 251-01 by Teresa Clihm (Teresa Cline ofi azs.otaatosts2 Financial Controls 00 Audits Total 0 0 Additional Requirements? ❑ Yes ® No Page 9 of 10 SLR 05310C (Rev 05109124) Docusign Envelope ID: 72CC1C4B-0383-45E5-8FE2-1FB5CFB7B042 Local Public Aaencv Section Number State Job Number Project Number (City of Evanston I123-00297-00-SW lIC9114824 IIXFOD(103) SCHEDULE NUMBER 4 Attestation on Single Audit Compliance 1. In the prior fiscal year. did City of Evanston expend more than $750,000 in federal funds in aggregate from all LPA federal sources? �1 ■ 2. Does the City of Evanston anticipate expending more than $750.000 in federal funds in aggregate from all SPA federal sources in the current City of Evanston fiscal year? ® Yes ❑ No PA If answers to question 1 and 2 are no, please proceed to the signature section If answer to question 1 is yes, please answer question 3a. If answer to question 2 is yes, please answer question 3b. 3. A single audit must be conducted in accordance with Subpart F of 2 CFR 200 if $750,000 or more in federal funds are expended in a single fiscal year. a. Has the City of Evanston performed a single audit for their previous fiscal year? LPA ® Yes ❑ No L If yes. has the audit be filed with the Illinois Office of the Comptrol:er In accordance with 50 ILCS 310 (see also 551LCS 5 & 65 ILCS 5 & 601LCS 1/80)? ® Yes ❑ No b. For the current fiscal year, does the City of Evanston intend to comply with Subpart F of 2 CFR 200? ® Yes ❑ No VA By complefing this attestation. I certify that I have authority to sign this attestation on behalf of the LPA: and that the foregoing information is correct and complete to the best of my knowledge and belief Name Title LPA IRajeev Dahal IlSenior Project Manager IlCity of Evanston Sionature & Date Digitally signed by Daha:, Raid" Dahal, Rajeev Da,c 2025,01,06111934 06!00• Page 10 of 10 BLR 0531 CC (Rev, 05109,74) Illinois Department of Transportation Office of Highways Project Implementation I Bureau of Local Roads & Streets 2300 South Dirksen Parkway I Room 205 / Springfield, Ilinois 162764 August 15, 2025 Stephanie Mendoza City Clerk 2100 Ridge Ave. Evanston, IL 60201 RE: LPA: City of Evanston Section: 23-00297-00-5 W Project: XFOD(103) Job: C-91-148-24 Joint Agreement Dear Stephanie Mendoza, Funding for the subject project was authorized by the Federal Highway Administration (FHWA) on March 6, 2025 and the joint agreement was executed by the Department on August 5, 2025. A copy is enclosed. Please contact Teresa Cline (Teresa. Cline@illinois.gov) if you have any questions. Sincerely, Greg S. Lupton, P.E. Acting Engineer of Local Roads and Streets Enclosure cc: Daniel Biss, Mayor Jose Rios - Region 1 c/o Chad Riddle - District 1 Programming c/o DOT. CO.Proorammino(a)illinois.ciov Project Control c/o Sara.Revnolds@illinois.00v Construction c/o StefanieXent(dillmois.00v Docusign Envelope to: 72CC1C4B-0383-45E5-8FE2-1FB5CFB7B042 Hinds Deparbpent of Transportation Local PublicAgencv---�--^ _- ICity of Evanston Fund TVDe ITAP-SRTS Construction Stale Job Number IC-91-148-24 ❑ Local LetfDay Labor Joint Funding Agreement for Federally Funded Construction T LOCAL PUBLIC AGENCY County Section Number IlCook I123-00297-00-SW ITEP. SRTS. HSIP Number(s) MPO Name MPO TIP Number IICRTS-021-1026 IICMAP II02-23-0015 I Project Number IXFOD(103) I ® Construction on State Letting ❑ Construction Engineering ❑ Utilities ❑ Railroad Work LOCATION Stationing Local StreetfRoad Name Kev Route Length From To (Various IINA IINA IINA IINA I Location Termini Ivarious locations at 12 schools within the City of Evanston Current Jurisdiction Existing Structure Number(s) ICity of Evanston II Ii Remove PROJECT DESCRIPTION Replacement of existing sidewalk slabs that are in poor condition or do not meet PROWAG standards at twelve school locations within the City of Evanston. Page 1 of 10 BLR 05310C (Rev 05f0af24) Docusign Envelope ID: 72CC1C4B-0383-45E5-BFE2-1FB5CFB7B042 Local Public Aeencv Section Number State Job Number Project Number ICityofEvanston II23-00297-00-SW lIC9114824 IIXFOD(103) This Agreement is made and entered into between the above local public agency, hereinafter referred to as the "LPA" and the State of Illinois, acting by and through its Department of Transportation. hereinafter referred to as the "STATE". The STATE and LPA jointly proposes to improve the designated location as described in the Location and Project Description sections of this agreement. The improvement shall be constructed in accordance with plans prepared by, or on behalf of the LPA and approved by the STATE using the STATE's policies and procedures approved and/or required by the Federal Highway Administration, hereby referred to as "FHWA". I. GEN_E_RAL __ 1.1 Availability of Aonronriation, Sufficiencxof Funds. This Agreement is contingent upon and subject to the availability of sufficient funds. The STATE may terminate or suspend this Agreement, in whole or in part, without penalty or further payment being required. if (I) sufficient funds for this Agreement have not been appropriated or otherwise made available to the LPA by the STATE or the federal funding source, (ri) the Governor or STATE reserves funds, or (iii) the Governor or STATE determines that funds will not or may not be available for payment. The STATE shall provide notice, in writing. to LPA of any such funding failure and its election 10 terminate or suspend this Agreement as soon as practicable, Any suspension or termination pursuant to this Section will be effective upon the date of the written notice unless otherwise indicated. 1.2 Domestic SteejRequirement, Construction of the project will utilize domestic steel as required by Section 106.01 of the current edition of the Standard Specifications for Road and Bridge Construction and federal Build America -Buy America provisions. 1.3 Federal Authorization. That this Agreement and the covenants contained herein shall become null and void in the event that the FHWA does not approve the proposed improvement for Federal -aid participation within one (1) year of the date of execution of th,s agreement. 1.4 Severability. If any provision of this Agreement is declared invalid, its other provisions shall not be affected thereby, 1.5 TeriHination. This Agreement may be terminated, in whole or in part, by either Party for any or no reason upon thirty (30) calendar days' pnor written notice to the other Party. If terminated by the STATE, the STATE must include the reasons for such termination. the effective date, and, in the case of a partial termination, the portion to be terminated. If the STATE determines in the case of a partial termination that the reduced or modified portion of the funding award will not accomplish the purposes for which the funding award was made, the STATE may terminate the Agreement in its entirety. This Agreement may be terminated, in whole or in part. by the STATE without advance notice: a. Pursuant to a funding failure as provided under Article 1.1. b. If LPA fails to comply with the terms and conditions of this funding award, application or proposal. including any applicable rules or regulations, or has made a false representation in connection with the receipt of this or any award II. REQUIRE1_6ERTIFICATIONS By execution of this Agreement and the LPA's obligations and services hereunder are hereby made and must be performed in compliance with all applicable federal and State laws, including, without limitation, federal regulations, State administrative rules and any and all license requirements or professional certification provisions. 2.1 Uniform Administrative Requirements Cost Principles and Audit Reguire a teJgr ftderdLA 'aidsJ2 CFR Part 2Q0) The LPA certifies that it shall adhere to the applicable Uniform Administrative Requirements, Cost Principles, and Audit Requirements, which are published in Title 2, Part 200 of the Code of Federal Regulations, and are incorporated herein by reference 2.2 gqWkan_cg 'with Reg�stfa(o9.BE9uirement-s. LPA certifies that it: (i) is registered with the federal SAM system; (ii) is in good standing with the Illinois Secretary of State, if applicable; (iii) have a valid DUNS Number; (iv) have a valid UEI, if app:icable It is LPA's responsibility to remain current with these registrations and requirements. 2.3 Bribery. The LPA certifies to the best of it's knowledge that it's officials have not been convicted of bribery or attempting to bribe an officer or employee of the stale of Illinois, nor made an admission of guilt of such conduct which is a matter of record (30 ILCS 500150-5). 2.4 Bid Rioaing, LPA certifies that it has not been barred from contracting with a unit of state or local government as a result of a violation of Paragraph 33E-3 or 33E-4 of the Criminal Code of 1961 (720 ILCS 5133E-3 or 720ILCS 5/33E-4, respectively) 2.5 Debt to State_ LPA certifies that neither It, nor its affiliate(s), is/are bared from receiving an Award because the LPA, or its affiliiate(s). is/are delinquent in the payment of any debt to the STATE, unless the LPA. or its affiliate(s), hasJhave entered into a deferred payment plan to pay off the debt, and STATE acknowledges the LPA may declare the Agreement void if the certification is false (30 ILCS 500150-11). 2.6 Debarment The LPA certifies to the best of its knowledge and belief that it's officials: a. are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any Federal department or agency; b. have not within a three-year period preceding this agreement been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State anti-trust statutes or Page 2 of 10 BLR 05310C (Rev. 05!09f24) Docusign Envelope ID: 72CC1C4B-038345E5-8FE2-1FB5CFB7B042 Local Public Aaencv (City of Evanston Section Number State Job Number Project Number II23-00297-00-SW lIC9114824 IIXFOD(103) commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements receiving stolen property; c. are not presently indicated for or otherwise criminally or civilly charged by a governmental entity (Federal State, Local) with commission of any of the offenses enumerated in item (b) of this certification; and d have not within a Three-year period preceding the agreement had one or more public transactions (Federal, State, Local) terminated for cause or default 27 Constructionof Fized Works. The LPA certifies that all Programs for the construction of fixed works wh;ch are financed in whose or in part with funds provided by this Agreement shall be subject to the Prevailing Wage Act (820 ILCS 130/0,01 et seq.) unless the provisions of that Act exempt its application. In the construction of the Program, the LPA shall comply with the requirements of the Prevailing Wage Act including, but not limited to, inserting into an contracts for such construction a stipulation to the effect that not less than the prevailing rate of wages as applicable to the Program shall be paid to al laborers, workers, and mechanics performing work under the Award and requiring all bonds of contractors to include a provision as will guarantee the faithful performance of such prevailing wage clause as provided by contract 2.8 Cnmjnal Convictions. The LPA certifies that neither it nor any managerial agent of LPA has been convicted of a felony under the Sarbanes-Oxley Act of 2002, nor a Class 3 or Class 2 felony under Illinois Securities Law of 1953, or that at least five (5) years have passed since the date of the conviction. The LPA further certifies that rt is not barred from receiving an funding award under 30 ILCS 500;50.10.5 and acknowledges that STATE shall decrare the Agreement void if this certification is false (30 ILCS 500i50-10.5). 2.9 Improper Influence The LPA certifies that no funds have been paid or will be paid by or on behalf of the LPA to any person for influencing or attempt;ng to influence an officer or employee of any government agency, a member of Congress or Illinois General Assembly, an officer or employee of Congress or Illinds General Assembly, or an employee of a member of Congress or Illinois General Assembly in connection with the awarding of any agreement, the making of any grant, the making of any loan, the entering into of any cooperative agreement. or the extension, continuation. renewal. amendment or modification of any agreement. grant, loan.or cooperative agreement. 31 USC 1352 Additionally, the LPA certifies that it has filed the required certification under the Byrd Anti -Lobbying Amendment (31 USC 1352), if applicable. 2.10 TQlepoln ibition, The LPA certifies that it will comply with Section 889 of the FY 2019 National Defense Authorization Act (NDAA) that prohibits the use of telecommunications or video surveillance equipment or services produced or provided by the fiatowing companies: Dahua Technology Company, Hangzhou Hikvision Digital Technology Company, Huawef Technologies Company. Hytera Communications Corporation. and ZTE Corporation. Covered equipment and services cannot be used as substantial or essential component or any system, or as critical technology as part of any system. 2.11 Personal Conflict of Interest - (50 ILCS 10513, 65 ILCS 5f3.1-55.10, 651LCS 514-8-6) The LPA certifies that it shall maintain a written code or standard of conduct which shall govern the performance of its employees, officers, board members, or agents engaged in the award and administration of contracts supported by state or federal funds. Such code shall provide that no employee, outer, board member or agent of the LPA may participate in the selection; award, or administration of a contract supported by state or federal funds if a conflict of interest. real or apparent would be involved. Such a conflict would arise when any of the parties set forth below has a financial or other interest in the firm selected for award: a. the employee, officer, board member, or agent; b. any member of his or her immediate family: c. his or her partner; or d, an organization which employs, or is about to employ, any of the above The conflict of interest restriction for former employees, officers. board members and agents shall apply for one year. The code shall also provide that LPXs employees, officers, board members, or agents shall neither solicit nor accept gratuities. favors or anything of monetary value from contractors, potent al contractors, or parties to subcontracts. The STATE may waive the prohibition contained in ih�s subsection. provided that any such present employee, officer, board member, or agent shall not participate in any action by the LPA relating to such contract, subcontract, or arrangement. The code shall also prohibit the officers, employees, board members, or agents of the LPA from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest or personal gain. 2.12 Organizational Conflict of interest - The LPA certifies that it will also prevent any real or apparent organizational conflict of interest. An organizational conflict of interest exists when the nature of the work to be performed under a proposed third party contract or subcontract may, without some restriction on future activities, result in an unfair competitive advantage to the third party contractor or LPA or impair the objectivity in performing the contract work, 2.13 Accounting System. The LPA certifies that it has an accounting system that provides accurate, current, and complete disclosure of all financial transactions related to each state and federally funded program. Accounting records must contain information Page 3 of 10 BLR 05310C (Rev 051094124) Docusign Envelope ID: 72CC1C4B-0383-45E5-BFE2-1FB5CFB7B042 Local Public Aeencv Section Number State Job Number Project Number (City of Evanston II23-00297-00-SW lIC9114824 IIXFOD(103) pertaining to state and federal pass -through awards, authorizations, obligations, unobligated balances, assets, outlays, and income. To comply with 2 CFR 200.305(b)(7)(i), the LPA shall use reasonable efforts to ensure that funding streams are delineated within LPA's accounting system See 2 CFR 200 302 -TAIT - - -R_E.— �.ORD _-_----- 'Ill. AUDAND RECCRETENTIO�.--.N 3.1 Single Audits: The LPA shall 6e subject io the audit requirements contained in the Single Audit Act Amendments of 1996 (31 USC 7501-7507) and Subpart F of 2 CFR Part 200. If, during its fiscal year. LPA expends $750,000 or more In Federal Awards (direct federal and federal pass -through awards combined), LPA must have a single audit or program -specific audit conducted for that year as required by 2 CFR 200.501 and other applicable sections of Subpart F of 2 CFR Part 200 A copy of the audit report must be submitted to the STATE (IDOTs Financial Review & Investigations Section. Room 126 2300 South Dirksen Parkway. Springfield. Illinois. 62764) within 30 days after the completion of the audit, but no later than one year after the end of the LPA's fiscal year. Assistance Listing number (formally known as the Catalog of Federal Domestic Assistance (CFDA) number) for all highway panning and construction activities Is 20.205. Federal funds utilized for construction activities on projects let and awarded by the STATE (federal amounts shown as `Participating Construction- on Schedule 2) are not included in a LPA's calculation of federal funds expended by the LPA for Single Audit purposes. 3.2 STATE Audits: The STATE may. at its sole discretion and at its own expense, perform a final audit of the Project (30 ILCS 5, the Illinois State Auding Act). Such audit may be used for settlement of the Project expenses and for Project closeout purposes. The LPA agrees to implement any audit findings contained in the STATE's authorized inspection or review, final audit. the STATE's independent audit, or as a result of any duly authorized inspection or review, 3.3 Record Retention. The LPA shall maintain for three (3) years from the date of final project closeout by the STATE, adequate books, records, and supporting documents to verify the amounts, recipient, and uses of all disbursements of funds passing in conjunction with this contract adequate to comply with 2 CFR 200.334 If any litigation, claim or audit is started before the expiration of the retention per,od, the records must be retained until all litigation. claims or audit exceptions involving the records have been resolved and final action taken. 3.4 Accessibility of Records. The LPA shall permit, and shall require its contractors and auditors to permit, the STATE, and any authorized agent of the STATE, to inspect all work, materials, payrolls, audit working papers, and other data and records pertaining to the Project; and to audit the books, records, and accounts of the LPA with regard to the Project. The LPA in compliance with 2 CFR 200.337 shall make books, records, related papers, supporting documentation and personnel relevant to this Agreement available to authorized STATE representatives, the Illinois Auditor General. Illinois Attomey General, any Executive Inspector General, the STATE's Inspector General, federal authorities. any person identified in 2 CFR 200.337. and any other person as may be authorized by the STATE (including auditors), by the state of Illinois or by federal statute. The LPA shall cooperate fully in any such audit or inquiry. 3.5 Failure to maintain the books and records. Failure to maintain the books, records and supporting documents required by this section shall establish presumption in favor of the STATE for recovery of any funds paid by the STATE under the terms of this contract. IV. LPA FISCAL RESPONSIBILITIES 4.1 To provide all initial iunding and payment for construction engineering, utility, and railroad work 4.2 LPA Appropriation Requirement, By execution of this Agreement the LPA attests that sufficient moneys have been appropriated or reserved by resolution or ordinance to fund the LPA share of project costs. A copy of the authorizing resolution or ordinance is attached as Schedule 5 43 Reimbursement Requests For reimbursement requests the LPA will submit supporting documentation with each invoice. Supporting documentation is defined as verification of payment, certified time sheets or summaries, vendor invoices, vendor receipts, cost plus fix fee invoice, progress report. personnel and direct cost summaries, and other documentation supporting the requested reimbursement amount (Form BLR 05621 should be used for consultant invoicing purposes). LPA invoice requests to the STATE will be submitted with sequential invoice numbers by project 44 Financial Integrity Review and Evaluation (FIRE),program: LPA's and the STATE must justify continued federal funding on inactive projects. 23 CFR 630106(a)(5) defines an inactive project as a project which no expenditures have been charged against Federal funds for the past twelve (12) months. To keep projects active, invoicing must occur a minimum of one time within any given twelve (12) month period. However, to ensure adequate processing time, the first invoice shall be submitted to the STATE within six (6) months of the federal authorization dale Subsequent invoices will be submitted in intervals not to exceed six (6) months. 4.5 Final Invoice: The LPA will submit to the STATE a complete and detailed final invoice with applicable supporting documentation of all incurred costs, less previous payments, no later than twelve (12) months from the date of completion of work or from the date of the previous invoice, whichever occurs first. If a final invoice is not received within this time frame, the most recent invoice Page 4 of 10 BLR 05310C (Rev. 05109r24) Docusign Envelope ID: 72CC1C4B-0383-45E5-8FE2-1FB5CFB7B042 Local Public Aeencv Section Number State Job Number Project Number ICity of Evanston II23-00297-00-SW IIC9114824 IIXFOD(103) may be considered the final invoice and the obligation of the funds dosed. Form BLR 05613 (Engineering Payment Record) is required to be submitted with the final invoice for engineering projects. 4.6 Project Closeout: The LPA shall provide the final report to the appropriate STATE district office within twelve (12) months of the physical completion date of the project so that the report may be audited and approved for payment. If the deadline cannot be met, a written explanation must be provided to the district prior to the end of the twelve (12) months documenting the reason and the new anticipated date of completion. If the extended deadline is not met, this process must be repealed until the project is closed. Failure to follow this process may result In the immediate close-out of the project and loss of further funding. 4.7 loject-End Qate: The period of performance (end date) for state and federal obligation purposes is rrve (5) years for projects under $1.000,000 or seven (7) years for projects over $1,000,000 from the execution date of the agreement. Requests for time extensions and joint agreement amendments must be received and approved prior to expiration of the project end date. Failure to extend the end date may result in the immediate close-out of the project and loss of further funding. V. THE LPA AGREE_ S 5.1 - o acquire in its name, or in the name of the STATE if on the STATE highway system, all right-of-way necessary for this project in accordance with the requirements of Titles 11 and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, and established State policies and procedures. Prior to advertising for bids. the LPA shall certify to the STATE that all requirements of Titles II and III of said Uniform Act have been satisfied. The disposition of encroachments, if any, will be cooperatively determined by representatives of the LPA, the STATE, and the FHWA if required. 5.2 To provide for all utility adjustments and to regulate the use of the right-of-way of this improvement by utilities, public and private, in accordance with the current Utility Accommodation Policy for Local Public Agency Highway and Street Systems. 5.3 To provide on -site engineering supervision and inspection during construction of the proposed improvement. 5.4 To retain jurisdiction of the completed improvement unless specified otherwise by schedule (schedule should be accompanied by a location map). If the improvement location is currently under road district jurisdiction, a jurisdictional schedule is required 5.5 To maintain or cause to be maintained the completed improvement (or that portion within its jurisdiction as established by schedule) in a manner satisfactory to the STATE and the FHWA. 5.6 To provide if required, for the improvement of any railroad -highway grade crossing and rail crossing protection within the limits of the proposed improvement. 5.7 To regulate parking and traffic in accordance with the approved project report. 5.8 To regulate encroachments on public rights -of -way in accordance with current Illinois Compiled Statutes. 5.9 To regulate the discharge of sanitary sewage into any storm water drainage system constructed with this improvement in accordance with the current Illinois Compiled Statutes. 5.10 For contracts awarded by the LPA, the LPA shall not discriminate on the basis of race, color, national origin or sex in the award and performance of any USDOT - assisted contract or in the administration of Its DBE program or the requirements of 49 CFR part 26. The LPA shall take all necessary and reasonable steps under 49 CFR part 26 to ensure nondiscrimination in the award and administration of USDOT - assisted contracts The LPA's DBE program, as required by 49 CFR part 26 and as approved by USDOT. is incorporated by reference in this agreement. Upon notification to the recipient of its failure to carry out its approved program. the STATE may impose sanctions as provided for under Part 26 and may, in appropriate rases, refer the matter for enforcement under 18 U.S. C 1001 andfor the Program Fraud Civil Remedies Act of 1986 (31 U.S.0 3801 el seq.). In the absence of a USDOT - approved LPA DBE Program or on STATE awarded contracts, this agreement shall be administered under the provisions of the STATE'S USDOT approved Disadvantaged Business Enterprise Program. 5.12 Thal execution of this agreement constitutes the LPA's concurrence in the award of the construction contract to the responsible low bidder as determined by the STATE. VI. THE STATE AGREES 5.1 To provide such guidance, assistance, and supervision to monitor and perform audits to the extent necessary to assure validity of the LPA's certification of compliance with Title 11 and III Requirements. 6.2 To receive bids for construction of the proposed improvement when the plans have been approved by the STATE (and FHWA, it required) and to award a contract for construction of the proposed improvement after receipt of a satisfactory bid. 6.3 To provide all initial funding and payments to the contractor for construction work let by the STATE. The LPA will be invoiced for their share of contract costs per the method of payment selected under Method of Financing based on the Division of Costs shown on Schedule 2, Page 5 of 10 SLR 05310C (Rev. 0510924) Docusign Envelope ID: 72CC1C48-0383-45E5-8FE2-1FB5CFB7B042 Local Public Acencv (City of Evanston Section Number State Job Number Project Number 1123-00297-00-SW lIC9114824 IIXFOD(103) 6.4 For agreements with federal andlor state funds in local letlday labor construction, construction engineering. uti1ly work andlor railroad work: a. To reimburse the LPA for federal and/or state share on the basis of periodic billings. provided said billings contain sufficient cost information and show evidence of payments by the LPA, b. To provide independent assurance sampling and furnish off -site material inspection and testing at sources normally Visited by STATE Inspectors for steel, cement, aggregate, structural steel, and other materials customarily tested by the STATE SCHEDULES Additional Information and/or stipulations are hereby attached and identified below as being a part of this agreement, IN 11. Division of Cost 1® 2. Location Map I ®� 3. Risk Assessment I ®14.1Attestations I ® 5. IResolution' I❑) 1 1❑1 1 i❑I I lot I 'Appropriation and signature authority resolution must be in effect on, or prior to, the execution date of the agreement, Page 6 of 10 BLR 05310C (Rev 05!M24) Docusign Envelope ID: 72CCiC4B-0383-45E5-BFE2-iFB5CFB7B042 Local Public Aqencv Section Number State Job Number Project Number (City of Evanston II23-00297-00-SW lIC9114824 IIXFOD(103) AGREEMENT SIGNATURES EXECUTION The iPA agrees to accept and comply with the applicable provision set forth in this agreement including attached schedules APPROVED Local Public Agency Name of Official (Print or Tvoe Name) (Daniel Biss Title of Official Ifvlayor Signature Dale The above signature certifies the agency's TIN number is 366005870 conducting business as a Governmental Entity. DUNS Number 074390907 UEl XKVUMPN8PBN1 APPROVED State of Illinois Department of Transportation aGia Biagi, Secretary of Transportation Date Signed br. Jliztl o�/�u,/pc,�pe�Q, 8/5/2025 j 4:0PM CDT Greg Lupton, Acting Engineer of Local Roads & Streets Date N/A I) Lora Rensing, Director of Highways PI Date N/A Michael Prater. Chief Counsel Date N/A II Vicki Wilson. Chief Fiscal Officer Date N/A II NOTE; A resolution authorizing the local official (or their sleJe9itte) to execute this agreement and appropriation of local funds is required and attached as Schedule 5. The resolution must be approved prior to, or concurrently with, the gKipmgtion of this agreement. If BLR 09110 or BLR 09120 are used to appropriate local matching funds, attach these forms to the signature guthorjzation resolution. n Please check this box to open a fillable Resolution form within this fort Page 7 of 10 SLR 05310C (Rev 05109124) Local Public Aoencv (City of Evanston r Type of Work Participating Construction State Job Number Proiect Number IIC-91-148-24 IIXFOD(103) I Local Public Agency Fund Type Amount % Totals Local $240,049.00 BAL $490.000.00 1 1 1 I I I -1 Totail $249,951,00 Total Total $240,049.00 $490,000.001 If funding is not a percentage of the total place an asterisk f'1 in the space provided for the Dercentacie and explain below: 'Maximum FHWA (SRTS) participation 80%, NTE $249,951 1 NOTE: The costs shown In the Division of Cost table are approximate and subject to change. The final LPA share is dependent on the final Federal and Stale participation. The actual costs will be used in the final division of cost for billing and reimbursement. METHOD OF FINANCING - (State -Let Contract Work Only), _ Check One SCHEDULENUMBER'1 v _ Countv Section Number IICook II23-00297-00-SW DIVISION OF COST Federal Funds State Funds Fund Type Amount % Fund Type Amount % SRTS 1 $249.951.00 El METHOD METHOD A - Lump Sum (80% of LPA Obligation J Lump Sum Payment- Upon award of the contract for this Improvement, the LPA will pay the STATE within thirty (30) calendar days of billing, in lump sum, an amount equal to 80% of the LPA's estimated obligation incurred under this agreement. The LPA will pay to the STATE the remainder of the LPA's obligation (including any nonparticipating costs) in a lump sum within thirty (30) calendar days of billing in a lump sum. upon completion of the project based on final costs. ❑ METHOD B - Monthly Payments of due by the of each successive month. Monthly Payments - Upon award of the contract for this improvement. the LPA will pay to the STATE a specified amount each month for an estimated period of months, or until 80% of the LPA's estimated obligation under the provisions of the agreement has been paid. The LPA will pay to the STATE the remainder of the LPA's obligation (including any nonparticipating costs) in a lump sum, upon completion of the project based upon final costs. ® METHOD C - LPA's Share Balance divided by estimated total cost multiplied by actual progress payment. Progress Payments - Upon receipt of the contractor's first and subsequent progressive bills for this improvement. the LPA will p3y.l0 the STATE within thirty (30) calendar days or receipt, an amount equal to the LPA's share of the construction cost divided by the estimated total cost multiplied by the actual payment (appropriately adjust for nonparticipating costs) made to the contractor until the entire obligation incurred under this agreement has been paid. se Page 8 of 10 BLR 05310C (Rev 05109124) Dowsign Envelope ID: 72CCiC4B-0383-45E5-8FE2-1FB5CFB7B042 '� ..- Y', t � CANVrTC._1 ElEYFM�3YY LT'rc� ✓1 _ 6.V3J.ETI � ��_„ � � i ,Y.ILLNNCILI�F-NIIHY �" Y IWu7, :EYFLENv_XTgµy XTHM Si } •Z -��LaCa.NN000 ELEVE,r�Xv�� 1' H 333 J1 Y Y CiJN:N ST, "j Y �M Llw�iri'i E.EVEWTJX E.E4FMi.P1'� '� PPAK ELENEMhRY � 1�'y" �'` - wasr<wuron FLEYEAtNLY t i „I� n . � LMICQXkLEPkY1titY .._ }xl«� ��{,..} n ;-l1X'NEE'lEYEXTNI"� J� yj •t k. ,.. LYyv �`CiMON EtFKMM__V_! _, '�� k��Lil.FlEvfMMY i 'w XPw' ST. i SCHEDULE2 LOCATION MAP - ---- ---- ---- - - -- --- SCHEDULE NUMBER 3 - Local Public Aaencv Section Number County Slate Job Number Proiect Number (City of Evanston 1123-00297-00-SW I]Cook II II LRS,Federal Funds,RISK ASSESSMENT _ Risk'Faclor Description Definition of Scale (time frames are based on LPA fiscal,year) Points Have there been any changes in key organizational staff or 0 points - no significant changes in the last 4 or more years: 1 point - minor changes, leadership, such as Fiscal and Administrative Management, but majority or key staff and officials have not changed in the last 4 years; 2 points - 0 Transportation Related Program/Project Management, and/ significant key staff or elected leadership changes within the last 3 years; 3 points - or Elected Officials? significant key staff and elected leadership changes within the last 3 years is the LPA's history with federal -aid funded 0 points - One or more federal -aid funded transportation projects initiated per year; 1 General HistoryWhat of (transportation projects? point - At least one project Initiated within the past three years; 2 points - AT least one 0 Performance project initiated within the past 5 years: 3 points - None or more than 5 years Does LPA have qualified technical staff with experience 0 points - Full -lime employee with experience designated as being in "responsible managing federal -aid funded transportations through IDOT? charge"; 1 point - LPA has qualified technical staff, but will be utilizing an engineering consultant to manage day-to-day with LPA technical staff oversight: 2 points - LPA has 0 no technical staff and all technical work will be completed by consultant. but LPA start has prior experience with federal -aid projects; 3 points - LPA staff have no prior experience or technical expertise and relying solely on consultant Has the LPA been untimely in submitting invoicing, reporting O.points - No; 1 point - Delays of 6 or more months: 2 points - Delays or up to 1 year; on federal -aid projects as required in 2 CFR 200. and or 3 points - 1 year or more years of delay 0 audits as required? Are the annual financial statements prepared in accordance 0 points - yes; 3 points - no with Generally Accepted Accounting Principles or on a basis 0 acceptable by The regulatory agency? is the LPA's accounting system? 0 points - Automated accounting software; 1 point - Spreadsheets; 2 points - paper 0 Financial Controls IWhot only: 3 points - none Does the organization have written policies and procedures 0 points - yes; 3 points - no regarding proper segregation of duties for fiscal activities 0 that include but are not limited to, a) authorization of transactions; b) recordkeeping for receipts and payments; and c)cash management? When was the last time a financial statement audit was 0 points - in the past year; 1-point - in the past Iwo years; 2 points - in the past three { 0 conducted? years: 3 points - 4 years or more, or never What type of financial statement audit has the organization 0 points - Single AudiVProgram Specific Audit in accordance with 2 CFR 200,501 or conducted? Financial audit conducted in accordance with Generally Accepted Auditing Standards or 0 Audits Thad Generally Accepted Government Auditing Standards; 1 point - Financial review?; 2 points Other type? or no audit required: 3 points - none the most recent audit disclose findings considered to be 0-points - no; 3 points - yes, or no audits required 0 (Did significant deficiencies or material weaknesses? `Have the findings been resolved? 0-points - yes or no findings; 1 point - in progress; 3.points - no 0 Summary of Risk I District Review Signature & Date Central Office Review Signature & Date General History of Performance 0 1 Oigdatly slgi�dby Fety Cxequio oiyitally syneJ by Teresa Clfiie Financial Controls 0 1 IFely Gregor' I `Teresa Cline OeeZ,otaata5l$2 Audits 0 Total 0 Additional Requirements? Yes ® No Page 9 of 10 BLR 05310C (Rev 05(09124) Docusign Envelope ID: 72CC1C4B-0383-45E5-8FE2-1FB5CFB7B042 Local Public Atiencv Section Number State Job Number Project Number ICiy of Evanston II23-00297-00-SW I IC9114824 IIXFOD(103) SCHEDULE NUMBER 4— Attestation on Single Audit Compliance 1. In the prior fiscal year. did City of Evanston expend more than $750,000 in federal funds in aggregate from all LPN federal sources? E Yes No 2. Does the City of Evanston anticipate expending more than $750.000 in federal funds in aggregate from a!i -PA federal sources in the current City of Evanston fiscal year? E Yes No -FA If answers to question 1 and 2 are no, please proceed to the signature section If answer to question 1 is yes, please answer question 3a. If answer to question 2 is yes, please answer question 3b. 3. A single audit must be conducted in accordance with Subpart F of 2 CFR 200 if S750,000 or more 1n federal funds are expended in a single fiscal year. a. Has the City of Evanston performed a single audit for their previous fiscal year? LPA E Yes ❑ No i. If yes, has the audit be filed with the Illinois Office of the Comptrol;er In accordance with 50 ILCS 310 (see also 55ILCS 5 & 65 ILCS,5 & 601LCS 1/80)? E Yes ❑ No b. For the current fiscal year. does the City of Evanston intend to comply with Subpart F of 2 CFR 200? E Yes ❑ No LaA By completing this attestation. I certify that I have authority to sign this attestation on behalf of the LPA: and that the foregoing information is correct and complete to the best of my knowledge and belief Name Title LPA IRajeev Dahal IlSenior Project Manager IICity of Evanston Siqnature & Date Digdally signed by Daha!, Raters Dahal, Rajeev Dale 2025.01,06 1119 34 woo* Page 10 of 10 SLR 05310C (Rev, 05/09r24) Docusign Envelope ID: 72CC1C4B-038345E5-BFE2-1FB5CFB7B042 35-R-25 35-R-25 04/14/2025 Authorizing the Mayor to Sign a Joint Funding Agreement for State -Let Construction Work for Federal Participation with the Illinois Department of Transportation to Commit City's Share of Funds for the Safe Routes to School Sidewalk Improvement Project WHEREAS, the City of Evanston seeks to utilize federal Transportation Alternatives Program — Safe Routes to School (TAP-SRTS) grant funds to make sidewalk improvements adjacent to twelve (12) School District 85 Schools, said improvement to be identified as Illinois Department of Transportation (IDOT) State Section Number: 23- 00297-00-SW and Project Number: XFOD(103) and State Job Number: C91-148-24 hereinafter referred to as the 'Project"; and WHEREAS, said sidewalk improvements consist of Americans With Disabilities Act (ADA)-compliant sidewalk and curb ramp improvements, and WHEREAS, the State of Illinois and the City of Evanston intend to use TAP- SRTS funds committed to fund the Project; and WHEREAS, the use of these funds requires the City to enter into the Joint Funding Agreement for State -Let Construction Work; and WHEREAS, the TAP-SRTS fund source requires a match of the local funds by the City of Evanston; and WHEREAS, the City Council of the City of Evanston hereby determines it is in the best interests of the City to enter into the Joint Funding Agreement for State -Let Construction Work for Federal Participation with the Illinois Department of Transportation, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: Docusign Envelope ID: 72CC1C4B-0383-45E5-BFE2-1FB5CFB7B042 35-R-25 SECTION 1: That the foregoing recitals are hereby found as fact and incorporated herein by reference. SECTION 2: The City Manager is authorized to allocate Two Hundred Forty Thousand Forty Nine Dollars ($240,049.00) or as much needed to match the required funding to complete the proposed improvements and furthermore agree to pass a supplemental resolution if necessary to appropriate additional funds for completing of the project. SECTION 3: The Mayor is hereby authorized to sign the Joint Funding Agreement for State -Let Construction Work with the Illinois Department of Transportation for funding participation for the Project between the City of Evanston and the Illinois Department of Transportation, attached hereto as Exhibit A. SECTION 4: That this Resolution 34-R-25 shall be in full force and effect from and after its passage and approval in the manner provided by law. Docusign Envelope ID: 72CC1C4B-0383-45E5-8FE2-1FB5CFB7B042 35-R-25 Introduced: April 14 2025 Approved: Adopted: April18 2025 April14 2025 DcniW 16iss Daniel Biss, Mayor Attest: Approved as to form: ',sir-,, A�Px�,rrdr�I3 Ru9gie boxstr inu • xNyw bcxgicN IVM? sz.,xw+ess Stephanie Mendoza, City Clerk Alexandra Ruggie, Corporation Counsel