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HomeMy WebLinkAbout48-R-22_Section19-00284-00-CH_ProjectskFL(966)_JobC-91-120-20a ~\ y 1 Illinois Department of Transportation Joint Funding Agreement for State -Let Construction Work _LOCAL PUBLIC AGENCY Local Public Agency Countv Section Number (City of Evanston I (Cook II19-00284-00-CH Fund Tvoe ITER SRTS, HSIP Number(sl MPO Name MPO TIP Number IHSIP 11202001007 IICMAP II02-20-0001 Construction State Job Number Project Number IC-91-120-20 IISKFL(966) I ® Construction on State Letting ® Construction Engineering ❑ Utilities ❑ Railroad Work 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 "STATE". The STATE and LPA jointly propose to improve the designated location as described below. The improvement shall be consulted 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, hereinafter referred to as "FHWA". LOCATION Stationing Local Street/Road Name Kev Route Length From To (Ridge Avenue IIFAU 2744 111.52 miles 118.67 1110.19 I Location Termini IOakton Street to Church Street Current Jurisdiction Existinq Structure Number(s) Add Location ILPA IIN/A Ii Remove PROJECT DESCRIPTION The project involves intersection improvements including traffic signal modifications, ADA ramp reconstruction, and pavement marking replacement. LOCAL PUBLIC AGENCY APPROPRIATION - REQUIRED FOR STATE LET CONTRACTS 4 i 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 an addendum. t METHOD OF FINANCING - (State -Let Contract Work Only) Check One ❑ METHOD A - Lump Sum (80% of 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 costs) made to the contractor until the entire obligation incurred under this agreement has been paid. Printed 09/02/22 Page 1 of 6 BLR 05310C (Rev. 03/31122) Failure to remit the payment(s) in a timely manner as required under Methods A, B, or C shall allow the STATE to internally offset, reduce, or deduct the arrearage from any payment or reimbursement due or about to become due and payable from the STATE to the LPA on this or any other contract. The STATE at its sole option, upon notice to the LPA, may place the debit into the Illinois Comptroller's Offset System (15 ILCS 405/10.05) or take such other and further action as may be required to recover the debt. THE LPA AGREES: 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 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. 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. 3. To provide for surveys and the preparation of plans for the proposed improvement and engineering supervision during construction of the proposed improvement. 4. To retain jurisdiction of the completed improvement unless specified otherwise by addendum (addendum should be accompanied by a location map). If the improvement location is currently under road district jurisdiction, a jurisdictional addendum is required. 5. To maintain or cause to be maintained the completed improvement (or that portion within its jurisdiction as established by addendum referred to in item 4 above) in a manner satisfactory to the STATE and the FHWA. 6. To comply with all applicable Executive Orders and Federal Highway Acts pursuant to the Equal Employment Opportunity and Nondiscrimination Regulations required by the U.S. Department of Transportation. 7. To maintain for a minimum of 3 years after final project close out by the STATE, adequate books, records and supporting documents to verify the amounts, recipients and uses of all disbursements of funds passing in conjunction with the contract. The contract and all books, records, and supporting documents related to the contract shall be available for review and audit by the Auditor General and the STATE. The LPA agrees to cooperate fully with any audit conducted by the Auditor General, the STATE, and to provide full access to all relevant materials. 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 contract for which adequate books, records and supporting documentation are not available to support their purported disbursement. 8. To provide if required, for the improvement of any railroad -highway grade crossing and rail crossing protection within the limits of the proposed improvement. 9. To comply with Federal requirements or possibly lose (partial or total) Federal participation as determined by the FHWA. 10. To provide or cause to be provided all of the initial funding, equipment, labor, material, and services necessary to complete locally administered portions of the project. 11. (Railroad Related Work) The LPA is responsible for the payment of the railroad related expenses in accordance with the LPA/ railroad agreement prior to requesting reimbursement from the STATE. Requests for reimbursement should be sent to the appropriate [DOT District Bureau of Local Roads and Streets Office. Engineer's Payment Estimates shall be in accordance with the Division of Cost. 12. 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 commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements receiving stolen property; c. are not presently indicted 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. 13. To include the certifications, listed in item 12 above, and all other certifications required by State statutes, in every contract, including procurement of materials and leases of equipment. 14. 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. 15. That for agreements exceeding $100,000 in federal funds, execution of this agreement constitutes the LPA's certification that: a. No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a member of congress, an officer or employee of congress, or any employee of a member of congress in connection with the awarding of any federal contract, the making of any cooperative agreement, and the extension, continuation, renewal, amendment or Printed 09/02/22 Page 2 of 6 BLR 0531 OC (Rev. 03131/22) modification of any Federal contract, grant, loan or cooperative agreement. b. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of congress, an officer or employee of congress or an employee of a member of congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit standard form - LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions. c. The LPA shall require that the language of this certification be included in the award documents for all subawards (including subcontracts, subgrants and contracts under grants, loans, and cooperative agreements), and that all subrecipients shall certify and disclose accordingly 16. To regulate parking and traffic in accordance with the approved project report. 17. To regulate encroachments on public rights -of -way in accordance with current Illinois Compiled Statutes. 18. 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. THE STATE AGREES: 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 II and III Requirements. 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. 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 Addendum 2. 4. For agreements with federal and/or state funds in construction engineering, utility 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. IT IS MUTUALLY AGREED: 1. Construction of the project wilt utilize domestic steel as required by Sectidn 106.01 of the current edition of the Standard Specifications for Road and Bridge Construction and federal Buy America provisions 2. 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 this agreement. 3. This agreement shall be binding upon the parties, their successors, and assigns. 4. 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 cases, refer the matter for enforcement under 18 U.S. C 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.0 3801 et 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. In cases where the STATE is reimbursing the LPA, obligation of the STATE shall cease immediately without penalty or further l payment being required if, in any fiscal year, the Illinois General Assembly or applicable federal funding source fails to appropriate or otherwise make available funds for the work contemplated herein. 6. All projects for the construction of fixed works which are financed in whole or in part with funds provided by this agreement and/or amendment shall be subject to the Prevailing Wage Act (820 ILCS 13010.01 at seq.) unless the provisions of the act exempt its application. FISCAL RESPONSIBILITIES: 1. 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. 2. Financial Integrity Review and Evaluation (FIRE) program: LPA's and the STATE mustjustify 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 It 2) month period. However, to ensure adequate processing time, the first invoice shall be submitted to Printed 09/02/22 Page 3 of 6 BLR 05310C (Rev. 03/31/22) t the STATE within six (6) months of the federal authorization date. Subsequent invoices will be submitted in intervals not to exceed six (6) months. 3. 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 may be considered the final invoice and the obligation of the funds closed. Form BLR 05613 (Engineering Payment Record) is required to be submitted with the final invoice for engineering projects. 4. 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 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. 5. Project End Date: The period of performance (end date) for state and federal obligation purposes is five (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. 6. Single Audit Requirements: If the LPA expends $750,000 or more a year in federal financial assistance, they shall have an audit made in accordance with 2 CFR 200. LPA's expending less than $750,000 a year shall be exempt from compliance. A copy of the audit report must be submitted to the STATE (IDOT's Office of Internal Audit, Room 201, 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. The 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 Addendum 2) are not Included in a LPA's calculation of federal funds expended by the LPA for Single Audit purposes.. 7. Federal Registration: LPA's are required to register with the System for Award Management or SAM, which is a web -enabled government -wide application that collects, validates, stores, and disseminates business Information about the federal government's trading partners in support of the contract award and the electronic payment processes. To register or renew, please use the following website: httos://www.sam.ciov/SAM/ ADDENDA Additional information and/or stipulations are hereby attached and identified below as being a part of this agreement. ® 1. Location Map ® 2. Division of Cost ® 3. Resolution" ® 4. IMaintenance 'Appropriation and signature authority resolution must be in effect on, or prior to, the execution date of the agreement. Printed 09/02122 Page 4 of 6 BLR 05310C (Rev. 03/31/22) The LPA further agrees as a condition of payment, that it accepts and will comply with the applicable provisions set forth in this agreement and all Addenda indicated above. APPROVED Local Public Agency Name of Official (Print or Tvoe Name) _ (Daniel Biss j Title of Official 11` Mayor ------ — — 1 Sianature Date The above signature certifies the agency's TIN number is 36-600587 conducting business as a Governmental Entity. DUNS Number 074390907 UEI APPROVED State of Illinois Department of Transportation Omer Osman. P.E.. Secretary of Transportation Date By: George A. Taoas. P.E.- ., EnaineeroUpcal Roads & Streets Date lr l •J Stephen M. Travi , irector of HiohV6avaPI hief Engineer Date A✓/d II Yanqsu Kim. Chief Counsel Date Vicki Wilson. Chief Fiscal Officer Date N,A it NOTE: A resolution authorizing the local official (or their eI at_.-j to execute this agreement and appropriation of local funds is required to be attached as an addendum. 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 authorization resolution. Please check this box to open a fillable Resolution Form within this Addenda. Printed 05104/22 Page 5 of 6 BLR 05310C (Rev. 03/31122) Illinois Department of Transportation Memorandum To: Omer Osman From: George Tapes, P.E., S.E. Subject: LPA Agreement Fiscal Approval Date: September 28, 2022 Attached for your review and signature is a listing and description of local public agency projects scheduled for the State Letting. The agreements have been reviewed and found acceptable for fiscal approval. Page numbers shown with the list of projects correspond to the page number and line number of the attached project detail spreadsheet. Should any project need to be excluded from approval on the attached list, please indicate by check marking the respective "Excluded from Approval" box. If you have any questions or would like to review individual agreements, please let me know and we will follow up. 4 Page � Job Number 1-1 C41-042-10 1-2 C-91-195-22 1-3C-93-013-20 2-1 C-97-009-22 3-1 I C-91-039-20 Bureau of Local Roads and Streets Joint Agreement Approval List Local Agency Skokie Bellwood Kankakee Moultrie County Channahon 3-2 C-91-124-22 Niles 4-1 C-91-096-22 DuPage County 5-1 C45-00641 -] Douglas County 5-2 I C-96-205-17 I Hancock County 6-1 I C-91-120-20 Evanston 6-2 C-91-034-21 Kane County 7-1 C-99-048-21 Williamson County 8-1 C-91-130-22 Round Lake Amount of I Excluded Agreement from Approval $5,875,942 I $833,100 $6,690,000 $1,177,914 $1,262,492 $499,000 $8,407,000 $1,226,542.86 $1,250,000 $937,269 $169,209 $2,765,212.04 -- $1,454,953 The above is a listing of joint agreements for improvements scheduled for the State Letting. The joint funding agreements associated with these projects have been reviewed by the Department and recommended for execution. Concurrence is hereby given to execute the joint funding agreements listed above. By OO c O n, ecretary By Date: /O/j/ LL Date: Vicki Wilson, Chi- Fiscal Officer By: lJ md� apey: Stephen . Travia, Director of Y su m, Chief Counsel Highways Date: ------- - Date:--LD•If•'�Z1 - - q I is ST LYON ST r-LyYOI i 1 J Gibbs -Morrison 3 J Gi Q4 a MasonPak .PaT DAVI; s Fieldh uo se tq cu = Q FR VE ST ELM , °1 a � < Q� < s ST �— -� THELN JCr J Q ST 7R2 WILDER ST CRof LFI LLt � C"N pp > > —> _b ¢ < Addendal �`� . t� cy�RK cLnRz Library,. � y � LU �- N s fill M 11 O < o < > < Y > U J Crown 3 ?- Center to 41 *.a� 0 KTENEY SOUTH L> -7 Police S < < 1 w 7 Q O Z U g < 'r 3 � t> 1 2 6 Sr EEi1WOO,D ST LU W W - < S DEMP Q ! a BURN Z HA i GREE-ILEAF ST k LE kST CAMS Branch WASHINGT N ST 4 O d KED E ST MADISON O t7 2 Ta j... o CLEV D S NROE „RS " _> r3 V Sta :io� #2 O �y % U2DI Y 57 I SEWARD ST SEYVARD ST y q 3 ST 0 rfcl BLVD > I BLVD SOUi' OAK N ST j ¢ w p AUSTIN ST St. Francis c > < +LqKIRK ST > < >� A � us m HULL TER---�,- } #4ON 5 LEE ST r O Signalized Study Intersections I Ridge Avenue Signalized Intersection Improvements City of Evanston Project Location Map { Local Public Agency (City of Evanston Type of Work Participating Construction Construction Engineering ADDENDA NUMBER 2 Count Section Number State Job Number Project Number Cook 19-00284-00-CH C-91-120-20 ISKFL(966) DIVISION OF COST Federal Funds State Funds Local Public Agency Fund Type Amount % Fund Type Amount % Fund Type Amount % HSIP $456,000.00 Local $355,000.00 BAL HSIP $96,000.00 Local $30,269.00 BAL lbtal $552,000.00 Total Total $385,269.00 Totals $811,000.00� $126,269.00 $937,269.00 If fundinq is not a percentage of the total place an asterisk (') in the space provided for the percentage and exp ain below: "Maximum FHWA (HSIP) participation 90% not to exceed $552,000 (Construction Engineering portion 90% not to exceed $96,000) 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 State participation. The actual costs will be used in the final division of cost for billing and reimbursement. Printed 09/02/22 Page 6 of 6 WkL- . BLR 05310C (Rev. 03131122) A 07/11 /2022 48-R-22 A RESOLUTION 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 matching funds for the Ridge Avenue Traffic Signal Improvement Project WHEREAS, the City of Evanston seeks to utilize Highway Safety Improvement Program (HSIP) grant funds to make intersection improvements to Ridge Avenue between Oakton Street and Church Street, said improvement to be identified as Illinois Department of Transportation (IDOT) State Section Number: 19-00284-00-CH, State Job Number: C-91-120-20, and Project Number: SKFL(966) hereinafter referred to as the `Project"; and WHEREAS, said intersection improvements consist of traffic signal modifications, ADA ramp reconstruction, and pavement marking replacement; and WHEREAS, the State of Illinois and the City of Evanston intend to use HSIP money committed to fund the Project; and WHEREAS, the HSIP 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, w 48-R-22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: 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 Three Hundred Fifty Five Thousand Dollars ($355,000) or as much needed to match HISP funds in completion 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 48-R-22 shall be in full force and effect from and after its passage and approval in the manner provided by law. Attest: Stephanie Mend za, eity Clerk Adopted: 'K,_,;,) 11 ,2022 —2— Daniel Biss, Mayor Approved Derke Interim Corporation Counsel 4 48-R-22 EXHIBIT A Joint Funding Agreement for State -Let Construction Work Between the City of Evanston and the Illinois Department of Transportation -3- ADDENDA #4 An addendum to the Local Agency Agreement City of Evanston FAU 2744/Ridge Avenue: Oakton Street to Church Street Section No.: 19-00284-00-CH Job No.: C-91-120-20 CHANGES IN "AGREEMENT PROVISIONS" UNDER "IT IS MUTUALLY AGREED": The following items are added: All traffic control equipment to be used in the traffic signal work included herein must be approved by the STATE prior to its installation. The STATE must be notified a minimum of seven (7) working days prior to the final inspection. Final inspection of the signalized intersection will be made by a representative of the STATE, and, if satisfactory, authorization for turn on will be given. 8. Upon acceptance of the traffic signal by the STATE the financial responsibility for maintenance and electrical energy for the operation of the traffic signal at the intersection shall be Proportioned as follows: MAINTENANCE ELECTRICAL ENERGY Dempster St at Ridge Ave 50% STATE 50% STATE 50% EVANSTON 50% EVANSTON and remain a part of the current Master Agreement executed between the City of Evanston (LPA) and the STATE. 9. The actual maintenance of traffic signals at the above intersections will be performed by the LPA with its own forces or through ongoing contractual agreement. 10. The financial responsibility for the maintenance of the "Emergency Vehicle Preemption" equipment at the signalized intersection above shall be borne by the LPA. 11. The STATE retains the right to control the sequence and timing of the traffic signals and interconnect. 12. Payment by the STATE of any or all of its share of maintenance is contingent upon the STATE receiving adequate funds in its annual appropriation. 13. It is mutually agreed, if, in the future, the STATE adopts a roadway or traffic signal improvement passing through the signalized intersections which requires modernization or reconstruction to said traffic signal then the LPA agrees to be financially responsible for all costs to relocate or reconstruct the emergency vehicle pre-emption equipment with the STATE's proposed improvement. All costs associated with the installation, future maintenance, or replacement of non-standard Department equipment, finish or hardware shall be the sole responsibility of the LPA. This includes, but is not limited to, painting of the signal hardware, aesthetic poles, audible pedestrian signals, etc 14. Upon final field inspection of the improvement, the LPA agreed to maintain, or cause to be maintained, those portions of the improvement which are not maintained by the STATE. 15. The LPA agrees to assume responsibility for the administration, control, reconstruction, and maintenance of the sidewalks. The LPA further agrees to indemnify and hold harmless the STATE, its officers, employees, and agents from any and all claims, lawsuits, actions, costs, and fees (including reasonable attorney fees and expenses) of every nature and description arising from, growing out of, or connected with the operation of the sidewalks. If, in the future, the STATE adopts a roadway or traffic signal improvement on which requires modification, relocation or reconstruction to said sidewalks, then the LPA hereby agrees to be financially responsible for its proportionate share of costs to modify, relocate or reconstruct sidewalks in conjunction with the STATE's proposed improvement. All provisions, conditions, restrictions, and requirements of this agreement shall be binding upon and inure to the benefit of the successors, assigns, administrators, executors or heirs of the parties hereto.