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HomeMy WebLinkAbout25-115 0 �3 Resolution No. 25-115 RESOLUTION AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT WITH THE STATE OF ILLINOIS ACTING BY AND THROUGH ITS DEPARTMENT OF TRANSPORTATION FOR ROUTINE MAINTENANCE OF CERTAIN STATE-OWNED ROADWAYS WITHIN THE CITY OF ELGIN BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Richard G. Kozal, City Manager, be and is hereby authorized and directed to execute an Intergovernmental Agreement on behalf of the City of Elgin with the State of Illinois acting by and through its Department of Transportation, for routine maintenance of certain state-owned roadways within the City of Elgin, a copy of which is attached hereto and made a part hereof by reference. David J. Kaptain, Mayor Presented: June 25, 2025 Adopted: Vote: Yeas Nays: Recorded: Attest: Kimberly A. Dewis, City Clerk 0Illinois Department of Transportation Intergovernmental Agreement Governmental Body Name Agreement Number City of Elgin Address City State Zi Code 1900 Holmes Road _?Elgin, IL 60123 Remittance Address(if different from above) City — State Zi Code Phone Unique Entity IdentifierrUEI) _ FEIN/TIN 30-0002690-40 Brief Description of Service(full description specified in Part 5) Routine Maintenance of State Routes Compensation Method(full details specified in Part 6) Lump Sum Total Compensation Amount Agreement Term Advance Pay Start Date _ Exxpiration Date $1,362,870.00 (Estimate) ❑Yes ®No 07/01/25 J 06/30/35 REQUIRED SIGNATURES By signing below,the GOVERNMENTAL BODY and the DEPARTMENT agree to comply with and abide by all provisions set forth in Parts 1-8 herein and any Appendices thereto. FOR THE GOVERNMENTAL BODY: Signatur Date 6-25-25 Name Title Richard G. Kozal City Manager FOR THE DEPARTMENT: Signature Date Omer Osman,P.E.,Secretary of Transportation Date Delegate Name i Printed Name Printed Title Signature Date Vicki L.Wilson,Chief Fiscal Officer Date Michael Prater,Chief Counsel Date (Approved as to form) Printed 05/02/25 Page 1 of 14 BoBS 2804(Rev.12/12/24) INTERGOVERNMENTAL AGREEMENT FOR ROUTINE MAINTENANCE OF STATE ROUTES This Agreement is by and between Please type or print legibly the GOVERNMENTAL BODY'S legal name and address !City of Elgin 1900 Holmes Road 'Elgin, IL 60123 Attention Mr. Aaron Neal Email referred to as the GOVERNMENTAL BODY,and the State of Illinois,acting by and through its Department of Transportation, referred to as the DEPARTMENT individually referred to as a PARTY,and collectively referred to as the PARTIES. Part 1 Scope/Compensation/Term Part 2 General Provisions Part 3 Federally Funded Agreements Part 4 Specific Provisions Part 5 Scope of Services/Responsibilities Part 6 Compensation for Services Part 7 Certification Regarding Lobbying Part 8 Agreement Award Notification Part 1 SCOPE/COMPENSATION/TERM A. Scope of Services and Responsibilities The DEPARTMENT and the GOVERNMENTAL BODY agree as specified in Part 5. B. Compensation Compensation (if any) shall be as specified in Part 6. C. Term of Agreement This Agreement will start 07/01/25 and will expire 06/30/35 D. Amendments All changes to this Agreement must be mutually agreed upon by the DEPARTMENT and the GOVERNMENTAL BODY and be incorporated by written amendment,signed by the parties. ® E. Renewal This Agreement may not be renewed. Printed 05102/25 Page 2 of 14 BoBS 2804(Rev. 12/12/24) • Part 2 GENERAL PROVISIONS A. Changes If any circumstances or condition in this Agreement changes,the GOVERNMENTAL BODY must notify the DEPARTMENT in writing within seven (7) days. B. Compliance/Governing Law The terms of this Agreement shall be construed in accordance with the laws of the State of Illinois. Any obligations and services performed under this Agreement shall be performed in compliance with all applicable state and federal laws.The Parties hereby enter into this Intergovernmental Agreement pursuant to the Intergovernmental Cooperation Act, 5 ILCS 220/1 et seq. C. Availability of Appropriation This Agreement is contingent upon and subject to the availability of funds. The DEPARTMENT,at its sole option, may terminate or suspend this Agreement, in whole or in part,without penalty or further payment being required, if (1)the Illinois General Assembly or the federal funding source fails to make an appropriation sufficient to pay such obligation,or if funds needed are insufficient for any reason(2)the Governor decreases the DEPARMENT's funding by reserving some or all of the DEPARTMENT's appropriation(s) pursuant to power delegated to the Governor by the Illinois General Assembly; or(3)the DEPARMENT determines,in its sole discretion or as directed by the Office of the Governor,that a reduction is necessary or advisable based upon actual or projected budgetary considerations. GOVERNMENTAL BODY will be notified in writing of the failure of appropriation or of a reduction or decrease. D. Records Inspection The DEPARTMENT or a designated representative shall have access to the GOVERNMENTAL BODY's work and applicable records whenever it is in preparation or progress, and the GOVERNMENTAL BODY shall provide for such access and inspection. E. Records Preservation The GOVERNMENTAL BODY,shall maintain for a minimum of six(6)years after the completion of the Agreement,adequate books, records and supporting documents to verify the amounts, recipients and uses of all disbursements of funds passing in conjunction with the Agreement. F. Cost Category Transfer Request For all transfers between or among appropriated and allocated cost categories, DEPARTMENT approval is required.To secure approval,the GOVERNMENTAL BODY must submit a written request to the DEPARTMENT detailing the amount of transfer,the cost categories from and to which the transfer is to be made, and rationale of the transfer. G. Subcontracting/Procurement Procedures/Employment of DEPARTMENT Personnel 1. Subcontracting-Subcontracting, assignment or transfer of all or part of the interests of the GOVERNMENTAL BODY concerning any of the obligations covered by this Agreement is prohibited without prior written consent of the DEPARTMENT. 2. Procurement of Goods or Services- Federal Funds For purchases of products or services with any Federal funds that cost more than$3,000.00 but less than the simplified acquisition threshold fixed at 41 U.S.C. 134,(currently set at $250,000.00)the GOVERNMENTAL BODY shall obtain price or rate quotations from an adequate number(at least three)of qualified sources. Procurement of products or services with any Federal funds for$250,000 or more will require the GOVERNMENTAL BODY to use the Invitation for Bid process or the Request for Proposal process. In the absence of formal codified procedures of the GOVERNMENTAL BODY,the procedures of the DEPARTMENT will be used, provided that the procurement procedures conform to the provisions in Part 3(K)below.The GOVERNMENTAL BODY may only procure products or services from one source with any Federal funds if: (1)the products or services are available only from a single source;or(2)the DEPARTMENT authorizes such a procedure; or, (3)the DEPARTMENT determines competition is inadequate after solicitation from a number of sources. 3. Procurement of Goods or Services-State Funds For purchases of products or services with any State of Illinois funds that cost more than$20,000.00, ($10,000.00 for professional and artistic services)but less than the small purchase amount set by the Illinois Procurement Code Rules, currently set to not exceed$100,000 for professional and artistic services, (See 30 ILCS 500/20-20(a)and 44 III.Admin Code 6.100)the GOVERNMENTAL BODY shall obtain price or rate quotations from an adequate number(at least three)of qualified sources. Procurement of products or services with any State of Illinois funds not exceeding$100,000 for goods and services or more for professional and artistic services will require the GOVERNMENTAL BODY to use the Invitation for Bid process or the Request for Proposal process. In the absence of formal codified procedures of the GOVERNMENTAL BODY,the procedures of the DEPARTMENT will be used. The GOVERNMENTAL BODY may only procure products or services from one source with any State of Illinois funds if:(1)the products or services are available only from a single source;or(2)the DEPARTMENT authorizes such a procedure; or, (3)the DEPARTMENT determines competition is inadequate after solicitation from a number of sources. The GOVERNMENTAL BODY shall include a requirement in all contracts with third parties that the contractor or consultant will comply with the requirements of this Agreement in performing such contract, and that the contract is subject to the terms and conditions of this Agreement. 4. EMPLOYMENT OF DEPARTMENT PERSONNEL The GOVERNMENTAL BODY will not employ any person or persons currently employed by the DEPARTMENT for any work required by the terms of this Agreement. Printed 05/02/25 Page 3 of 14 BoBS 2804(Rev. 12/12/24) Part 3 ® FEDERALLY FUNDED AGREEMENTS [Not applicable to this Agreement] Printed 05/02/25 Page 4 of 14 BoBS 2804(Rev. 12/12/24) PART 4 SPECIFIC PROVISIONS A. Invoices Invoices submitted by the GOVERNMENTAL BODY will be for costs that have been incurred to complete the Part 5, Scope of Services. If the GOVERNMENTAL BODY's invoices are deemed by the DEPARTMENT or auditors to not be sufficiently documented for work completed,the DEPARTMENT may require further records and supporting documents to verify the amounts,recipients and users of all funds invoiced pursuant to this Agreement.Furthermore, if any of the deliverables in Part 5 are not satisfactorily completed,GOVERNMENTAL BODY will refund payments made under this agreement to the extent that such payments were made for any such incomplete or unsatisfactory deliverable. Any invoices/bills issued by the GOVERNMENTAL BODY to the DEPARTMENT pursuant to this Agreement shall be sent to the following address. Illinois Department of Transportation Attention District 1, Operations Supervisor Address 38W027 Route 38 city State Zip Code St. Charles, 1 IL 160175 All invoices shall be signed by an authorized representative of the GOVERNMENTAL BODY. B. Billing and Payment All invoices for services performed and costs incurred by the GOVERNMENTAL BODY prior to July 1st of each year must be presented to the DEPARTMENT no later than July 1sj of that same year for payment under this Agreement. Notwithstanding any other provision of this Agreement,the DEPARTMENT shall not be obligated to make payment to the GOVERNMENTAL BODY on invoices presented after said date. Failure by the GOVERNMENTAL BODY to present such invoices prior to said date may require the GOVERNMENTAL BODY to seek payment of such invoices through the Illinois Court of Claims and the Illinois General Assembly. No payments will be made for services performed prior to the effective date of this Agreement.The DEPARMENT will direct all payments to the GOVERNMENTAL BODY's remittance address listed in this Agreement. . C. Termination This Agreement may be terminated by either party by giving thirty(30)calendar days written notice. If the DEPARTMENT is dissatisfied with the GOVERNMENTAL BODY's performance or believes that there has been a substantial decrease in the GOVERNMENTAL BODY's performance,the DEPARTMENT may give written notice that remedial action shall be taken by the GOVERNMENTAL BODY within seven (7)calendar days. If such action is not taken within the time afforded,the DEPARTMENT may terminate the Agreement by giving seven(7)calendar days written notice to the GOVERNMENTAL BODY. In either instance,the GOVERNMENTAL BODY shall be paid for the value of all authorized and acceptable work performed prior to the date of termination,including non-cancelable obligations made prior to receipt of notice of termination and for which work will be completed within thirty(30)days of receipt of notice of termination,based upon the payment terms set forth in the Agreement. D. Location of Service Service to be performed by the GOVERNMENTAL BODY shall be performed as described in Part 5. E. Ownership of Documentsntle to Work All documents, data and records produced by the GOVERNMENTAL BODY in carrying out the GOVERNMENTAL BODY's obligations and services hereunder,without limitation and whether preliminary or final,shall become and remain the property of the DEPARTMENT.The DEPARTMENT shall have the right to use all such documents,data and records without restriction or limitation and without additional compensation to the GOVERNMENTAL BODY.All documents, data and records utilized in performing research shall be available for examination by the DEPARTMENT upon request. Upon completion of the services hereunder or at the termination of this Agreement,all such documents,data and records shall,at the option of the DEPARTMENT, be appropriately arranged, indexed and delivered to the DEPARTMENT by the GOVERNMENTAL BODY. F. Software All software and related computer programs produced and developed by the GOVERNMENTAL BODY(or authorized contractor or subcontractor thereof) in carrying out the GOVERNMENTAL BODY's obligation hereunder,without limitation and whether preliminary or final,shall become and remain the property of both the DEPARTMENT and the GOVERNMENTAL BODY. The DEPARTMENT shall be free to sell, give, offer or otherwise provide said software and related computer programs to any other agency,department,commission,or board of the State of Illinois, as well as any other agency,department,commission, board, or other governmental entity of any country, state,county, municipality,or any other unit of local government,or to any entity consisting of representatives of any unit of government,for official use by said entity.Additionally, the DEPARTMENT shall be free to offer or otherwise provide said software and related computer programs to any current or future contractor. The DEPARTMENT agrees that any entity to whom the software and related computer programs will be given,sold or otherwise offered shall be granted only a use license, limited to use for official or authorized purposes, and said entity shall otherwise be prohibited from selling,giving or otherwise offering said software and related computer programs without the written consent of both the DEPARTMENT and the GOVERNMENTAL BODY. Punted 05/02/25 Page 5 of 14 BoBS 2804(Rev. 12/12/24) G. Confidentiality Clause Any documents,data, records, or other information given to or prepared by the GOVERNMENTAL BODY pursuant to this Agreement shall not be made available to any individual or organization without prior written approval by the DEPARTMENT.All information secured by the GOVERNMENTAL BODY from the DEPARTMENT in connection with the performance of services pursuant to this Agreement shall be kept confidential unless disclosure of such information is approved in writing by the DEPARTMENT. H. Compliance with Freedom of Information Act Upon request, GOVERNMENTAL BODY shall make available to DEPARTMENT all documents in its possession that DEPARTMENT deems necessary to comply with requests made under the Freedom of Information Act. (5 ILCS 140/7(2)). Reporting/Consultation The GOVERNMENTAL BODY shall consult with and keep the DEPARTMENT fully informed as to the progress of all matters covered by this Agreement. J. Travel Expenses Expenses for travel, lodging,or per diem is NOT allowed pursuant to this Agreement. K. Indemnification Unless prohibited by State law, the GOVERNMENTAL BODY agrees to hold harmless and indemnify the DEPARTMENT,and its officials,employees, and agents,from any and all losses,expenses, damages (including loss of use), suits, demands and claims,and shall defend any suit or action,whether at law or in equity,based on a alleged injury or damage of any type arising from the actions or inactions of the GOVERNMENTAL BODY and/or the GOVERNMENTAL BODY's employees,officials,agents, contractors and subcontractors,and shall pay all damages,judgments,costs,expenses,and fees, including attorney's fees, incurred by the DEPARTMENT and its officials,employees and agents in connection therewith. GOVERNMENTAL BODY shall defend, indemnify and hold the DEPARTMENT harmless against a third-party action, suit or proceeding("Claim")against the DEPARTMENT to the extent such Claim is based upon an allegation that a Product,as of its delivery date under this Agreement, infringes a valid United States patent or copyright or misappropriates a third party's trade secret. L. Equal Employment Practice The GOVERNMENTAL BODY must comply with the"Equal Employment Opportunity Clause" required by the Illinois Department of Human Rights. The GOVERNMENTAL BODY must include a requirement in all contracts with third parties(contractor or consultant)to comply with the requirements of this clause.The Equal Employment Opportunity Clause reads as follows: In the event that the GOVERNMENTAL BODY, its contractor or consultant fails to comply with any provisions of this Equal Employment Opportunity Clause, the Illinois Human Rights Act Rules and Regulations of the Illinois Department of Human Rights ("IDHR"),the GOVERNMENTAL BODY, its contractor or consultant may be declared ineligible for future contracts or subcontracts with the state of Illinois or any of its political subdivisions or municipal corporations, and the contract may be canceled or voided in whole or in part,and such other sanctions or penalties may be imposed or remedies invoked as provided by statute or regulation. During the performance of this contract,the GOVERNMENTAL BODY agrees as follows: 1. That it will not discriminate against any employee or applicant for employment because of race,color, religion,sex, national origin, ancestry, age, physical or mental handicap unrelated to ability,or an unfavorable discharge from military service; and further that it will examine all job classifications to determine if minority persons or women are underutilized and will take appropriate affirmative action to rectify any such underutilization; 2. That,if it hires additional employees in order to perform this contract or any portion thereof, it will determine the availability(in accordance with IDHR's Rules and Regulations)of minorities and women in the area(s)from which it may reasonably recruit and it will hire for each job classification for which employees are hired in such a way that minorities and women are not underutilized. 3. That,in all solicitations or advertisements for employees placed by it or on its behalf, it will state that all applicants will be afforded equal opportunity without discrimination because of race,color, religion,sex, national origin or ancestry, physical or mental handicap unrelated to ability, or an unfavorable discharge from military service; 4. That it will send to each labor organization or representative of workers with which it has or is bound by a collective bargaining or other agreement or understanding,a notice advising such labor organizations or representative of the contractors obligations under the Illinois Human Rights Act and IDHR's Rules and Regulations. If any such labor organization or representative fails or refuses to cooperate with the contractor in its efforts to comply with such Act and Rules and Regulations,the contractor will promptly notify IDHR and the contracting agency and will recruit employees from other sources when necessary to fulfill its obligations thereunder; 5. That it will submit reports as required by IDHR's Rules and Regulations,fumish all relevant information as may from time to time be requested by IDHR or the contracting agency, and in all respects comply with the Illinois Human Rights Act and IDHR's Rules and Regulations; Printed 05/02/25 Page 6 of 14 BoBS 2804(Rev.12/12/24) 6. That it will permit access to all relevant books, records,accounts,and work sites by personnel of the contracting agency and IDHR for purposes of investigation to ascertain compliance with the Illinois Human Rights Act and IDHR's Rules and Regulations; 7. That it will include verbatim or by reference the provisions of this Clause in every contract and subcontract it awards under which any portion of the contract obligations are undertaken or assumed, so that such provisions will be binding upon such subcontractor. In the same manner as with other provisions of this Agreement,the GOVERNMENTAL BODY,its contractor or consultant will be liable for compliance with applicable provisions of this clause; and further it will promptly notify the contracting agency and the Department in the event any of its contractor or subcontractor fails or refuses to comply therewith. In addition,the GOVERNMENTAL BODY will not utilize any contractor or subcontractor declared by the Illinois Human Rights Commission to be ineligible for contracts or subcontracts with the state of Illinois or any of its political subdivisions or municipal corporations; 8. The GOVERNMENTAL BODY must have written sexual harassment policies that include,at a minimum, the following information:(i)the illegality of sexual harassment; (ii)the definition of sexual harassment,under State law; (iii) a description of sexual harassment, utilizing examples; (iv)the Grantee's internal complaint process including penalties;(v)the legal recourse, investigative,and complaint process available through the Department of Human Rights and the Human Rights Commission; (vi)directions on how to contact the Department and Commission;and (vii)protection against retaliation as provided by Section 6-101 of the Illinois Human Rights Ad.A copy of the policies must be provided to the DEPARTMENT upon request;and In addition, the GOVERNMENTAL BODY is subject to the Illinois Human Rights Act, 775 ILCS 5/1-101 et seq.,which prohibits discrimination in connection with the availability of public accommodations. M. Tax Identification Number GOVERNMENTAL BODY certifies that: 1. The number shown on this form is a correct taxpayer identification number(or it is waiting for a number to be issued), and 2. It is not subject to backup withholding because:(a) it is exempt from backup withholding,or(b)has not been notified by the Internal Revenue Service(IRS)that it is subject to backup withholding as a result of a failure to report all interest or dividends, or(c)the IRS has notified the GOVERNMENTAL BODY that it is no longer subject to backup withholding, and 3. It is a U.S. entity(including a U.S. resident alien). NAME OF GOVERNMENTAL BODY: City of Elgin Taxpayer Identification Number: 30-0002690-40 Legal Status(check one): ❑ Tax-exempt ® Government ❑ Other N. International Boycott The GOVERNMENTAL BODY certifies that neither GOVERNMENTAL BODY nor any substantially owned affiliate is participating or shall participate in an international boycott in violation of the U.S. Export Administration Act of 1979 or the applicable regulations of the U.S. Department of Commerce.This applies to contracts that exceed$10,000(30 ILCS 582). O. Forced Labor The GOVERNMENTAL BODY certifies it complies with the State Prohibition of Goods from Forced Labor Act,and certifies that no foreign-made equipment, materials, or supplies furnished to the DEPARTMENT under this Agreement have been or will be produced in whole or in part by forced labor,or indentured labor under penal sanction (30 ILCS 583). P. Equipment The DEPARTMENT and the GOVERNMENTAL BODY agree to the following: 1. The GOVERNMENTAL BODY must obtain the DEPARTMENT's written approval prior to purchasing any equipment with funds acquired under this Agreement; 2. The GOVERNMENTAL BODY acknowledges that the DEPARTMENT is under no obligation to approve, and the DEPARTMENT may, if it approves, subject that approval to additional terms and conditions as the DEPARTMENT may require; 3. The GOVERNMENTAL BODY acknowledges that any equipment purchased under this Agreement must remain the property of the DEPARTMENT; 4. The GOVERNMENTAL BODY must use the equipment for the authorized purpose under Part 5(Scope of Service/ Responsibilities)and Part 6 (Compensation)during the period of performance or the equipment's entire useful life; 5. The GOVERNMENTAL BODY must not sell,transfer,encumber, or otherwise dispose of any equipment that is acquired under this Agreement without prior DEPARTMENT's written approval; 6. In cases where the GOVERNMENTAL BODY fails to dispose of any equipment properly,as determined by the DEPARTMENT,the GOVERNMENTAL BODY may be required to reimburse the DEPARTMENT for the cost of the equipment;and 7. For purposes of this provision, "equipment"includes any tangible or intangible product,having a useful life of two years or more,an acquisition cost of at least$100. and used solely in GOVERNMENTAL BODY's performance under this Agreement. Printed 05/02/25 Page 7 of 14 BoBS 2804(Rev. 12/12/24) • PART 5 SCOPE OF SERVICE/RESPONSIBILITIES A.) The GOVERNMENTAL BODY agrees to operate and maintain specific portions of the State Highway system that are currently under the DEPARTMENT'S jurisdiction, specifically the portions of that system located within the GOVERNMENTAL BODY's boundary as shown in Attachment A. This maintenance location listing may be modified as appropriate and mutually agreed to by both parties. Such 'modification shall be in writing and must be approved by the Regional Engineer or his or her designee on behalf of IDOT and by the PUBLIC WORKS DIRECTOR on behalf of the Governmental Body. It is understood these modifications may result in a modification to the total payments under this agreement. The parties hereby agree that a formal amendment to the agreement is not necessary to modify the locations nor is a formal amendment necessary to modify a change in cost associated with the change in locations, provided the change in amount of total payments is less than 10%. B.) Maintenance Requirements. The GOVERNMENTAL BODY hereby agrees to maintain the roadway in a serviceable condition at all times. The GOVERNMENTAL BODY's maintenance responsibilities include, but are not limited to the following: • routine surface and pothole repairs • temporary full depth patching; • removing expansion bumps on bituminous surfaces; • sealing cracks and joints; • controlling snow and ice; • cleaning; • sweeping; • picking up and disposal of litter; • mowing, maintenance up to and including removal and/or trimming of trees, shrubs, landscape beds and turf or other landscaping that is located within, obstructs or overhangs the right of way (including weeding, replenishing mulch, mowing, etc.); • Inspection and maintenance of pavement markings limited to stop bars, symbols, special pavement treatments and crosswalks. Replace as necessary to ensure proper road user guidance. All markings should be in accordance with the latest edition of the Manual on Uniform Traffic Control Devices. • all other routine operational services to maintain the roadway in a serviceable condition. Note: Median maintenance, when applicable, includes the following: • sweeping; • picking up and disposal of litter; • mowing, and maintenance up to and including removal and/or trimming of trees, shrubs, landscape beds and turf or other landscaping that is located within, obstructs or overhangs the right of way (including weeding, replenishing mulch, mowing, etc.); and • repairing surface. C.) Responsibilities. The GOVERNMENTAL BODY agrees to the following: • must obtain written approval from the DEPARTMENT before cutting or opening the curb or the pavement of any highway, which is covered in this AGREEMENT; • must undertake all measures, including notifying the DEPARTMENT of the need for legal action, to require utility owners or permit holders to adjust, maintain, repair, and restore all pavement cuts, curb openings, utility frames, municipal frames, grates, and covers that are disturbed by settlement, construction, or repair; • must notify the DEPARTMENT of the need to inform utility owners or permit holders to pay all costs of • adjustment, maintenance, repair and restoration; • must ensure that the work adheres to all applicable laws, rules and regulations, as well as the • DEPARTMENT's standards (the most recent edition of Standard Specifications for Road and Bridge Construction, and subsequent updates); and Printed 05/02/25 Page 8 of 14 BoBS 2804(Rev. 12/12/24) • Must obtain written approval from the Department before adding any new or supplemental pavement marking along the state highway. • must request and obtain written approval from the DEPARTMENT's Regional Engineer or his designee before doing any extra work not specifically identified in this AGREEMENT. Printed 05102/25 Page 9 of 14 BoBS 2804(Rev. 12/12/24) PART 6 • COMPENSATION FOR SERVICES Funding State Funds (Appropriation Code: 011-49405-4472-0200) (Estimate) $1,362,870.00 100% Subtotal $1,362,870.00 100% Local Match Provided Through the GOVERNMENTAL BODY $0.00 GRAND TOTAL $1,362,870.00 Funding Breakdown Terms and Conditions: 1.) GOVERNMENTAL BODY agrees that total payment for each fiscal year from_2026 through 2035_must not exceed the previous year's total payment plus cost adjustment. [Cost adjustment means the previous year's total payment x % change of the Construction Cost Index, which is published in the Engineering News Record (January edition for each year)]. Payment for the cost of approved extra work will be added to the total funding as provided in Part 5, last paragraph; 2.) The DEPARTMENT will calculate the compensation for services according to the DEPARTMENT'S Bureau of Operations Maintenance Policy Manual, Section 11-800.2.4 Rate of Compensation; and Section 11-800.2.5 Empirical Formula - Municipal Maintenance of State Highways, and send an annual letter to the GOVERNMENTAL BODY notifying it of the new annual Lump Sum approved amount according to the attached Computation Sheet-Municipal Maintenance (Attachment A) under the conditions stated in Section B above; 3.) The GOVERNMENTAL BODY must submit an invoice voucher every 3 months (quarterly), based on the approved annual Lump Sum amount; and 4.) The DEPARTMENT will pay the GOVERNMENTAL BODY's quarterly invoice vouchers on or about September 30, December 31, March 31, and June 30 of each fiscal year, subject to the DEPARTMENT's inspection for satisfactory operation and maintenance of covered streets. Budget Printed 05/02/25 Page 10 of 14 BoBS 2804(Rev. 12/12/24) • PART 7 CERTIFICATION REGARDING LOBBYING (49 CFR PART 20) ® [NOT APPLICABLE TO THIS AGREEMENT] Printed 05/02/25 Page 11 of 14 BoBS 2804(Rev. 12/12124) PART 8 AGREEMENT AWARD NOTIFICATION REQUIRED FOR ALL PROJECTS Does this project receive Federal funds? Yes ® No Amount of Federal funds Name of Project - I( $O.O j State Routes Maintenance Agreement Federal Project Number �N/A Assistance Listing Number', Federal Agency,Program Title _ N/A *For Assistance Listing Number,refer to original Federal Award/Grant Agreement. REMAINDER OF THIS PAGE IS INTENTIONALLY BLANK Printed 05/02/25 Page 12 of 14 BoBS 2804(Rev. 12/12)24) • ANNUAL CERTIFICATION FOR SINGLE AUDIT COMPLIANCE NOTICE • The certification applies ONLY to governmental agencies, local units of government and non-profit agencies expending federal funds for this project. It does not apply to for-profit public or private entities. • If 2 CFR Part 200, Subpart F,Section 200.501,Audit Requirements applies to your organization, submit the certification or a copy of your single audit to the DEPARTMENT at the end of your fiscal year for any fiscal year in which you expended any federal funds related to this contract. NOTE:ANNUALCOMPLIANCE WITH THIS_tEC UIREMENT IS MANDATORY FOR EVERY YEAR IN WHICH FEDERAL FUNDS ARE EXPENDED FOR THIS PROJECT BY ANY STATES,LOCAL GOVERNMENTS OR NONPROFIT ORGANIZATIONS,FAILURE TO COMPLY WITH THE ANNUAL CERTIFICATION TO THE DEPARTMENT WILL RESULT IN SUSPENSION OF PAYMENTS TO REIMBURSE PROJECT COST$ In accordance with 2 CFR Part 200,Subpart F, Section 200.501,Audit Requirements, non-federal entities that expended at least the threshold amount as set out in 2 CFR 200.501(a)in federal Awards(direct federal and federal pass-through awards combined), Grantee 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.The DEPARTMENT is required by federal law to obtain and review the single audit of all entities that had any federally participating funds pass through it, irrespective of the amount provided by the DEPARTMENT. It is the responsibility of the agencies expending Federal funds to comply with the requirements and determine whether they are required to have a single audit performed. In order to comply with the requirements,your agency must provide the following information to the DEPARTMENT on an annual basis for every year in which you expended funds for costs associated with this project: 1. If your agency expended at least the threshold amount as set out in 2 CFR 200.501(a) or more in Federal awards from all sources, including other agencies, in a year,you are required to have a single audit performed, and submit a copy of the report to the DEPARTMENT within the earlier of 30 days after completion of the single audit or no more than nine months after the end of your fiscal year end. 2. If your agency expended less than the threshold amount as set out in 2 CFR 200.501(a) in Federal awards from all sources, including other agencies, in any fiscal year for which you expended funds for project costs, and were not required to conduct a single audit,you must cornaIete and return the certification ssijgment. 3. If your agency receives multiple awards from the DEPARTMENT,only one annual submittal of this information is required. Please submit a copy of your single audit or the Single Audit Not Required Certification to: Illinois Department of Transportation Financial Review& Investigation Section, Rm. 126 2300 South Dirksen Parkway Springfield, IL 62764 POT.AutiitReview(o7illinois.ggy The single audit must be comprised of four parts. You have the option of including the four parts in one report or a combination of reports. The four parts are commonly known as: 1. Comprehensive Annual Financial Report(Financial Statements). 2. Schedule of Expenditures of Federal Awards and Independent Auditor's Report thereon. 3. Independent Auditor's Report on Internal Control over Financial Reporting and on Compliance and other matters based on an Audit of Financial Statements performed in accordance with Government Auditing Standards. 4. Independent Auditor's Report on Compliance with Requirements Applicable to each Major Program and on Internal Control over Compliance in accordance with 2 CFR Part 200. Additional information which should be submitted: 1. Corrective Action Plan(s),if applicable, 2. Management Letter,if applicable,and 3. Status of Prior Year Findings, if applicable. For your convenience,you may also submit the information via email to DOT.AuditRevigwi illingis.gov or via fax at 217/782-5634. If you have any questions, please contact the Audit Coordination Section at 217/782-6041. Printed 05/02/25 Page 13 of 14 BoBS 2804(Rev. 12112124) NOTICE Do not submit this certification to the DEPARTMENT with your signed contract. • The certification applies ONLY to governmental agencies, local units of government and non-profit agencies expending Federal funds for this project.It does not apply to for-profit public or private entities. • If 2 CFR Part 200,Subpart F, Section 200.501, Audit Requirements applies to your organization, submit the certification or a copy of your single audit to the DEPARTMENT at the end of your fiscal year for any fiscal year in which you expended any Federal funds related to this contract. Single Audit Not Required Certification I certify that _ _ expended less than the threshold amount as set out in 2 CFR 200.501(a)or more in Federal awards from all sources in Federal awards in our fiscal year_ _ _ , and was not required to have a single audit conducted. Signature Date Title Subrecipient Contact Information Subreci ient I _ Contact Person Title Address City State Zi Code Phone Fiscal Year End L E- J Printed 05/02/25 Page 14 of 14 BoBS 2804(Rev.12/12/24)