1. ::.8 Northwestern Indiana

   

   MRPC

   Regional Planning Commission

   
   

   NORTHWESTERN INDIANA REGIONAL PLANNING COMMISSION EXECUTIVE BOARD MEETING

   Thursday, June 16, 2016, 9:00 A.M. NIRPC Lake Michigan Room 6100 Southport Road, Portage, IN

   
   

   A G E N D A

   
   

   1. Call to Order and Pledge of Allegiance -Jim Ton, Chair

      
      

   2. Presentation - Google eCity Award: Lessons Learned from Winners, Eric Zosso and Linda Graff, Provito Company

      
      

   3. Approval of Minutes of May 19, 2016 Executive Board Meeting Pages 1-5

   4. Report of the Chair -Jim Ton

   5. Report of the Executive Director -Ty Warner

      
      

   6. Environmental Management Policy Committee - Geof Benson

      
      

   7. Transportation Policy Committee - Dave Decker

      1. FY 2017-2018 Unified Planning Work Program Public Comment Period Report

      2. Resolution 16-21, FY 2017-2018 Unified Planning Work Program

      3. Resolution 16-22, Amendment #24 to the FY 2016-2019 Transportation Improvement Program for Transit

      4. Resolution 16-23, Amendment #25 to the FY 2016-2019

         Transportation Improvement Program for INDOT

         Pages 6-21

         
         

         Pages 6

         Pages 7-12 Pages 13-15 Pages 16-21

   8. Finance & Personnel Committee -Diane Noll

      1. Budget Amendment

      2. Alternative Fuel CMAQ Agreement

         Pages 22-37

         Page 26

         Pages 27-37

         
         

   9. INDOT, Rick Powers, La Porte District Director

      
      

   10. Other Business

       
       

   11. Public Comment

       
       

   12. Announcements

       
       

   13. Adjournment

The Northwestern Indiana Regional Planning Commission (NIRPC) prohibits discrimination in all itsprograms and activities on the basis of race, color, sex, religion, national origin, age, disability, marital status, fa milial status, parental status, sexual orientation, genetic information,political beliefs, reprisal, or because all orpart of an individual's income is derivedfrom anypublic assistance program.

NIRPC Full Commission Meeting NIRPC Office,Lake Michigan Room 6100 Southport Road,Portage, IN May 19, 2016

Minutes

Chairman Jim Ton called the meeting of the Executive Board to order at 9:10 a.m. with the Pledge of Allegiance .

Commission members present included Geof Benson, Kevin Breitzke,Michael Griffin, Tom McDermott, Blair Milo,Diane Noll,Ed Soliday,Greg Stinson, Jim Ton, Kyle Allen,Jr .,Jeannette Bapst, Toni Biancardi, Christine Cid, Jeff Dekker, Bill Emerson, Jr., Will Farrellbegg, Tom Fath, Jeff Good, Sylvia Graham, Richard Hardaway,Jack Jeralds, Justin Kiel,Cary Kirkham, Kathryn Kniola,Rick Ryfa,Tom Schmitt, Dave Shafer, Fred Siminski,Brian Snedecor ,George Topoll. Bob Carnahan participated via conference phone.

Guests present included Rick Powers,Justin Mount, Natalie Johnson, Matt Deitchley, Jeff Sheridan, Nathanael Pilla, Christopher Murphy, Deb Backhus, David Wright ,Jill Murr, Julia Surber, Nicole Barker, Jim Nowacki, Andrew Steele and Tim Zorn.

Staff present included Ty Warner, Steve Strains, Dave Hollenbeck, Angie Hayes, Kathleen Honl, Kathy Luther, Mitch Barloga, Belinda Petroskey, Gabrielle Biciunas, Scott Weber , Sarah Geinosky, Eman Ibrahim,Stephen Sostaric,James Winters and Mary Thorne.

Presentation: Natalie Johnson, Urban Waters Coordinator at Purdue University, presented on Northwest Indiana's Septic Maintenance and Care. Failing septic systems are causing impaired water quality in the Little Calumet-Galien watershed,with high E. coli levels resulting in beach closures and high bacteria counts. Many systems are over 20 years old. Homeowners must be proactive and informed,have their septic tank inspected,know the proper use of septic systems and become better educated on the use and maintenance of their septic systems. A link to a short survey will be sent to the Commissioners which will help target the areas to focus on for this outreach and education program. For more information go to savedune s .org/septic s-awarene ss/ or epa.gov/septic .

Approval of Minutes: On a motion by Greg Stinson and a second by Kevin Breitzke,the minutes of the Apr il 17,2016 Executive Board meeting were approved as presented.

Report of the Chair -Jim Ton

• Ty Warner and Heather Ennis were featured in the current issue of NWI Business Magazine.

• The Committee Assignments have been completed and will be shared with the Commissioners after the meeting. Committee member contact information will be shared with the Comm ittee Chairs via email.

  
  

  Report of the Executive Director -Ty Warner

• Ty Warner introduced Sarah Geinosky who reported on the Marquette Action Plan, which is the implementation phase of the recently updated Marquette Plan. The survey for the public to take

  is available until May 31 and can be found at http://nirpc.org/hot-topics/marquette-action-plan­ survey.aspx.

  • The Unified Planning Work Program is a comprehensive document of the work NIRPC engages in, and the draft FY 2017-2018 UPWP document is available on NIRPC's website. It is out for public comment until June 16.

  • Ty Warner presented Angie Hayes with a staff award for 10 years of service.

    
    

    Finance & Personnel Committee :

    Diane Noll reported that the committee met this morning and there are three items being brought to the Commission today.

    
    

  • The Committee recommended the 2016 budget amendment for $1,000 for additional local funds to be spent on the trail guides project. On a motion by Diane Noll and a second by Geof Benson, the Commission approved the 2016 budget amendment for the trail guides project.

  • The Committee recommended Resolution 16-19, the Updated Management Plan for the LaPorte County Revolving Loan Fund. NIRPC is the administrator and depository for the fund. On a motion by Diane Noll and a second by Greg Stinson, the Commission approved Resolution 16-19.

  • The Committee recommended approval of the procurement for the 1-65 and US 30 corridor study for a Safety at the Crossroads safety plan. The recommendation is to issue a solicitation for the procurement of consulting services for the study. On a motion by Diane Noll and a second by Geof Benson, the Commission approved the procurement recommendation .

    
    

    Environmental Management Policy Committee:

    Geof Benson reported that the approved minutes from the joint Environmental Management Policy Committee - Urban Waters Partnership Meeting of April 7 were in the packet.

    
    

    Transportation Policy Committee:

    Kevin Breitzke reported that the Transportation Policy Committee met on May 10th. The Committee heard a presentation from Carl Lisek, South Shore Clean Cities on the Northwest Indiana Green Fleet. A brief presentation by Zach Hurst, ITR Concessions Co, LLC was also made on the progress of the $200 million 80/90 PUSH project upgrading the Indiana Toll Road from Lake Station to Elkhart.

    
    

    The following items relate to the 1-65 Added Travel Lanes project, which is being recommended today as an amendment to the 2040 Comprehensive Regional Plan.

    
    

• The Public Comment Report on the 1-65 Added Travel Lanes project from SR 2 to SR 10 was described by Stephen Sostaric. The comment period ran from March 16 to April 15 with one public meeting in Lowell. Most of the comments were positive; one expressed concerns but caused no significant change in the intent of the project.

• The first action was the approva l of Resolution 16-13, the adoption of the Air Quality Conformity Determination for the 1-65 Added Travel Lanes project. Scott Weber described the air quality conformity determination between the 2040 Comprehensive Regional Plan as updated and amended, the FY 2016-2019 Transportation Improvement Program and the Indiana State Implementation Plan for Air Quality which concluded that the emissions resulting from the project area at or less than the budgets established in the Maintenance Plan. The Transportation Policy Committee recommended approval at their March 15 meeting of Resolution 16-13. Michael Griffin

  motioned to approve the Air Quality Conformity Determination and Greg Stinson seconded the motion. The Commission was reminded that the process was approved for the segment from US

  30 to SR 2 and this segment is from SR 2 to SR 10. The emissions are decreasing due to improvements in fuel efficiency. The Commission voted to approve Resolution 16-13, the Air Quality Conformity Determination for the 1-65 Added Travel Lanes project from SR 2 to SR 10.

• The second action was the approval of Resolution 16-14, the adoption of the Environmental Justice Analysis for the 1-65 Added Travel Lanes project. James Winters described the analysis which concluded that the 1-65 added travel lanes project will not negatively affect the environmental justice communities in Northwest Indiana and with some adjustments to policy, risks of suburban sprawl and continued disinvestment of the urban core can be avoided. The Transportation Policy Committee recommended action on Resolution 16-14. On a motion by Geof Benson and a second by Michael Griffin,the Commission voted to approve Resolution 16-14, the Environmental Justice Analysis for the 1-65 Added Travel Lanes project.

• The third action was the approval of Resolution 16-15, the Congestion Management Process for the 1-65 Added Travel Lanes project. Scott Weber described the Congestion Management Process, which concludes that only the added travel lanes alternative achieves a level of service in 2040 consistent with existing conditions . The Transportation Policy Committee recommended action on Resolution 16-15. In answer to a question from Tom McDermott about the width of the median, Matt Deitchley responded that there was enough room on the shoulders to accommodate those extra lanes and avoid narrowing the median. On a motion by Kevin Breitzke, seconded by Greg Stinson, the Commission voted to approve Resolution 16-15, the Congestion Management Process for the 1-65 Added Travel Lanes project.

• The fourth action was the approval of Resolution 16-16, the second amendment to the 2040 Comprehensive Regional Plan Update Companion. Mitch Barloga described the amendment, which expands an existing project currently listed in the Capacity Expansion Projects published in the Plan, adding the 1-65 added travel lanes from US 30 to SR 2. This new segment runs from SR 2 to SR 10. The Transportation Policy Committee recommended action on Resolution 16-16, Amendment #2 to the 2040 Comprehensive Regional Plan Update Companion . Blair Milo motioned to approve, seconded by Tom McDermott. Responding to questions raised by Geof Benson that the action was. _ contrary to the goals of the 2040 Plan about sprawl and reinvestment in the urban core, Mitch Barloga said the environmental justice analysis was taken a step further to respond to the concern

  of sprawl and that there are good smart growth policies in place in Lowell. Tom McDermott agreed with Geof Benson and declared that he would vote against it, though he had seconded the motion. As a point of clarification, Michael Griffin commented that in parliamentary procedure, a second is made to afford discussion of the matter and also to afford an opportunity to vote for or against a matter. The Commission voted to approve Resolution 16-16, the second amendment to the 2040 Comprehensive Regional Plan Update Companion with 23 affirmative votes and 7 opposing votes.

• The fifth action was the approval of Resolution 16-17,the seventeenth amendment to the FY 2016- 2019 Transportation Improvement Program for the 1-65 Added Travel Lanes project from SR 2 to SR 10. Stephen Sostaric described the amendment adding the 1-65 Added Travel Lane segments to the Transportation Improvement Program. The Transportation Policy Committee recommended action on Resolution 16-17. On a motion by Geof Benson, seconded by Greg Stinson, the Commission voted to approve Resolution 16-17, Amendment 17 to the FY 2016-2019 Transportation Improvement Program for the 1-65 Added Travel Lanes project.

  • The sixth action was the approva l of Resolution 16-18, the twentieth amendment to the FY 2016- 2019 Transportation Improvement Program. Stephen Sostaric described the eight INDOT projects found in this amendment. The Transportation Policy Committee recommended action on Resolution 16-18. On a motion by Greg Stinson, seconded by Blair Milo, the Commission voted to approve Resolution 16-18, Amendment 20 to the FY 2016-2019 Transportation Improvement Program.

  • The final action was the approval of Resolution 16-20,the twenty-third amendment to the FY 2016- 2019 Transportation Improvement Program for 5310 Projects for LaPorte County. Belinda Petroskey described the FTA Section 5310 LaPorte County transit projects for Michiana Resources, LaPorte County Comprehensive Mental Health and Parents and Friends, Inc. for replacement vehicles. The Transportation Policy Committee recommended action on Resolution 16-20, Amendment 23 to the FY 2016-2019 Transportation Improvement Program. On a motion by Blair Milo, seconded by Greg Stinson, the Commission voted to approve Resolution 16-18, Amendment 20 to the FY 2016-2019 Transportation Improvement Program.

    
    

    The next meeting date of the Transportation Policy Committee is scheduled for Tuesday,June 14th at 9 a.m. at the NIRPC office.

    
    

    Indiana Department of Transportation:

    Rick Powers thanked Representative Ed Soliday for serving Northwest Indiana in transportation. He also reported that the cable barriers are up except for the construction zone areas. Summer work consisting of herbicide applications, pothole repair, bridge maintenance, and culvert work is ongoing. 1-94 from Illinois to Michigan is in some state of repair and it was intentionally done all at once. ITR Concessions is also working on the Indiana Toll Road.

    
    

    Scheduled on May 31 are two one-and-a-half-hour educational sessions to be held at the LaPorte INDOT District offices on local road funding and asset management plans, the first opportunity being at 10:00 a.m. and the second at 1:00 p.m. INDOT will be holding another such meeting opportunity at the Fair Oaks Farms Dairy.

    
    

    Ed Soliday added that the Times article and editorial on SB 1001 are incorrect. Communities can use four different sources of local match: rebate money from local option income tax {LOIT} withho lding, local tax money,wheel tax, or rainy day fund. Communities must have an asset management plan in place. You must furnish the six pieces of data that describes the condition of the road. It must be a local public road. There is $186 million in match money,with half going to smaller counties. The bill takes another 1.5 cents from gas sales tax to have at least $100 million in matching money every year from now on. It is a partnership between the state and local governments. In order to be able to draw on the wheel tax in January, a resolution must be passed by June 30. If locals want to wait to pass a resolution in July or August, or not pass it at all, they can draw their first money in 2018. The rough cap is about $1 million of matching money. The application is one page and priority will be given to preservation and maintenance. The day you sign the contract for the project, a check will be issued.

    
    

    Any amount over-budgeted will be absorbed by the locals. If you are under budget you can keep the money. The law says you must pass the ordinance before July 1to draw the money in 2017. The effective date of the change in rate must be after January 1,2017. The $1 million cap is per project but bundling may be an option. The contracts will be examined. A call for projects for federal money

    is May;the call for projects for this match is June. The level of engineering design will be minimal. A road study is not required, as the emphasis this year is on preservation and maintenance. There is no penalty for not enacting a wheel tax in order to access the funds in 2017. The Commissioners with more questions were again encouraged to attend one of the two meetings at INDOT LaPorte District on May 31where INDOT will also offer assistance in developing an asset management plan.

    
    

    Blair Milo commented that the City of LaPorte will leverage every option they can as they need $17 million for their local roads.

    
    

    Public Comment on Agenda Items:

  • David Wright, GPTC, provided a letter to INDOT asking for an investigation of the standing water on Broadway between 4th and 5th Avenues, water that interferes with the function of one of its major bus stops.

• Jim Nowacki, resident of Gary, also commented on the standing water issue and said he found a piece of geotextile fabric at one of the sewers that was clogged and preventing water from draining.

  
  

  Announcements:

• Dave Shafer announced that at the National Association of Regional Councils (NARC) conference in Salt Lake City in June, Geof Benson will stand for election as Senior Vice President of NARC. Presuming his successful election, his board position will be vacant and Blair Milo will stand for election as a NARC board member.

• Michael Griffin congratulated both Commissioners. He is Chairman of the Board of the American Red Cross and extended an invitation to their Open House in Merrillville at 781 E. 83rd Avenue today. As he is a volunteer of the Bicentennial Commission Lake County Committee, Michael Griffin is sending a letter to Lake County elected officials with information pertaining to Lake County,as a Bicentennial Legacy Project, displaying the 20-star 1818 US flag.

Hearing no other business, on a motion by Greg Stinson and a second by Tom McDermott, Jim Ton adjourned the meeting at 10:50 a.m.

A Digital MP3 of this meeting is filed. Contact Mary Thorne at the phone or email below should you wish to receive a copy of it. DVD recordings will be available once they are received by NIRPCfrom the videographer.

For requests for alternate formats, please contact Mary Thorne at NIRPC at (219) 763-6060 extension 131or at mthorne@nirpc.org. Individuals with hearing impairments may contact us through the Indiana Relay 711 service by calling 711or (800) 743-3333.

The Northwestern Indiana Regional Planning Commission (NIRPC) prohibits discrimination in all its programs and activities on the basis of race, color, sex, religion, national origin, age, disability, marital status, familial status, parental status, sexual orientation, genetic information, political beliefs, reprisal, or because all or part of an individual's income is derived from any public assistance program.

Public Comment Report

FY 2017-2018 Unified Planning Work Program Northwestern Indiana Regional Planning Commission June 9, 2016

The draft of the FY 2017-2018 Unified Planning Work Program {UPWP) was released for a 30 day public comment period beginning May 18, 2016. A draft of the document was made available at www.nirpc.org and emailed to stakeholders.

No comments have been received as of the above date. An update will be provided at the NIRPC Commission meeting on June 16, 2016 prior to action on the UPWP.

-c=:.. N orthwestern In diana

Regiona l Plann ing Commission

RESOLUTION 16-21

A RESOLUTION OF THE NORTHWESTERN INDIANA REGIONAL PLANNING COMMISSION ADOPTING THE AMENDMENT OF THE UNIFIED PLANNING WORK PROGRAM FOR FISCAL YEARS 2017 and 2018

June 16, 2016

WHEREAS, the preparation of a Unified Planning Work Program (UPWP) is a necessary and required part of the metropolitan area transportation planning process as specified in 23 CFR 450.314; and by its State statutory authority, the Northwestern Indiana Regional Planning Commission (NIRPC) is chmged with planning responsibility in three domains; and

WHEREAS, the work tasks described within NIRPC's UPWP for the three-county northwestern Indiana region are in conjunction with the programs of the Federal Transit Administration, the Federal Highway Administration, the U.S. Enviromnental Protection Agency, the Indiana Department of Transportation and the Indiana Department of Enviromnental. Management, and significant planning projects in the region by other agencies; and

WHEREAS, this program will be funded through the Federal Highway Administration, the Federal Transit Administration, the U.S. Environmental Protection Agency, foundations, and NIRPC 's local funds from each member county;

WHEREAS, the program continues to include planning in each of NIRPC's statutory planning domains of economic development , environmental management and transportation, and transit subgrantee administration, thereby producing another overall agency, unified work program , in addition to planning tasks from elsewhere in the region;

WHEREAS, the work elements contained in the UPWP respond to some of the transportation, air quality, sub-grantee administration, environment, and economic development needs of Northwestern Indiana and are in keeping with federal requirements found in the Clean Air Act Amendments of 1990 and the new Fixing America's Surface Transportation Act (FAST Act) and accompanying guidelines and regulations;

WHEREAS, the FAST Act is the first law enacted in over ten years that provides long-term funding certainty for surface transportation. It maintains current program structures and funding shares between highways and transit.

\.VHEREAS, NIRPC responded within the UPWP tasks to the FAST Act regulations and guidelines as well as the FHvVA and FTA 2016 planning emphasis areas (PEAs);

\\'HEREAS, the planning emphasis areas for 2016 are: Title VI program management, performance-based plarming measures and targets, ladders of opporttmity program, and highway safety improvement program (HSIP) funds for safety pla1ming activities and/or identify low cost systemic use of HSIP funds;

WHEREAS, this UPWP was developed through a participatory process, involving the Transportation Policy Committee. Minor changes to the UPWP report may be occurTed as needed. Incorporated in the report are NIRPC planning and implementation priorities, budgets, work tasks, and regional significant transportation projects.

NOW, THEREFORE, BE IT RESOLVED that the Northwestern Indiana Regional Planning Commission adopts the Fiscal Years 20 17-2018 Unified Planning Work Program.

MOREOVER, BE IT FURTHER RESOLVED that the Commission is authorized to enter into such agreements and contracts as may be required with the funding and administrative agencies for the conduct of this program.

NOW, THEREFORE, BE IT RESOLVED that the Northwestern Indiana Regional Planning Commission adopts the Fiscal Years 2017-2018 Unified Planning Work Program.

Duly adopted by the Northwestern Indiana Regional Planning Commission on this sixteenth day ofJune, 2016.

James G. Ton Chairperson

ATTEST:

Geof R. Benson Secretary

U.S. Department of Transportation

Federal Transit Administration Fedora! Highway Administration Region V Indiana Div1s1on

200 West Adams St.. Suite 320 575 N. Pennsylvania St.. Rm 254

Chicago, IL 60606-5253 Indianapolis, IN 46204- 1576

May 13, 2016

Roy Nunnally, Director Asset Management Division

Indiana Department of Transpo11ation 100 N Senate Ave. N955

Indianapolis, IN 46204

Dear Mr. Nunnally:

The pm-pose of this letter is to respond to INDOT' s May 7, 2016 request for USDOT approval of the Northwestern Indiana Regional Planning Commission (NlRPC) FY 2017-20 l 8 Unified Planning Work Program (UPWP). Our office has, io cooperation with INDOT, reviewed the document and found it to be in compliance with 23 CFR 420, ru1d it is hereby approved.

This approval does not constitute FHWA & FTA authorization of the associated Federal-aid funds. Please work with INDOT administrative staff to assure the associated funds me authorized prior to the beginning of State FY 2017 (July I , 2016).

Should you have any questions regarding this eligibility finding, please contact Joyce Newland of FHWA at j()vce.ncwlandr@.douwv/(317) 226-5353 or Susan Orona of FTA at

su san.orona<@,ciot. Q'ov/ (312) 353-3888.

L

Sincerely,

Sincerely,

Marisol R. Simon Regional Administrator FTA Region V

- 1:rA<\:.1- INDIANA D:EPARTMENY OF TRANSPORTATHON

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"S',,<, ' .-:-. 100 North Senate Avenue PHONE: (317) 232-5476

Op 'I'\ ;-'.\"': · Room N955 .FAX: (317) 233-0958

Indianapolis,Indiana 46204

Michael R. Pence, Governor

Brandye Hendricl(son, Commissioner

May 7, 2016

Mr. Richard J. Marqnis, Division Admi nistrator Federal Highway Administration

575 N. Pennsyl vania Street, Room 254 India napolis, Indiana 46204

Ms. Mmisol Simon, Division Aclminislrator Federal Transit Administration, Region V 200 W. Adams Street, Suite 320

Chicago, Illinois 60606

Attention: Ms. Joyce Newland -Ms. Susan Orona

SUBJECT: FY 2017-2018 Northwestern Ind iana Regional Coord inating Council, Unified Plann ing Work

Program

Dear Mr. Marquis & Ms. Marisol :

The Indiana Depaitment of Transportation (INDOT) has completed the review of the new two year (FY 2017-2018) Unified Planning Work Program (UPWP) for the Northwestern Indiana Regional Coordinating Council (NIRPC).

We hereby recommend approval of the document for funding 2017 activities. It should be noted that second year funding will be proc.essed following formal review of distribution levels and any UPWP revisions with execution of a Supplement Grant Agreement for FY 18.

JNDOT will comUlence with the 2017 TIP/STIP Amendments, Grant Agreement and processing of a Purchase Order upon receipt of your approval letter.

Please contact me should have any questions.

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Roy Nunnally, Directr

Engineering & Asset Management Division Indiana Department of Transportat ion RN:me

www.in.gov/dotl

An Equal Opportunity Employer

-

TABLE I: FY 2017 UPWP SUMMARY LIST OF PROJECTS AND BUDGETS

2017 TOTAL PL I 5303 FTA 5307 CMAQ PENDING/ NIRPC

PROGRAM CATEGORY NIRPC Job # BUDGET SHARE SHARE SHARE OTHER SHARE NOTES

17·100 Administration & Public Participation 2061 566,490 453,192 113,296 Staff Charges + department exp $40.500 1- Planning Management & Administration

2 • Public Meetings & Communication Tools 3 - Website/ Social Media Management

4 - Administration of Transportation Projects

17-200 Data Management & Analysis 2062 240,560 192,464 48,116 1- Transportation Data Collection

2· Planning Data Analysis I Forecasting

3- GIS Support Services

17-300 Short Range Planning 2063 339.765 271,612 67 .953

1. UPWP Development & Management

2. Transportation Improvement Program (TIP) Management 3- Title VIProgram Management

17-400 Long Range Planning 2064 463,4 10 386,728 96.682

1- Comprehensive Regional Plan I Transportation Regional Plan 2 - Regional Land Use Planning

1. - Congestion Management

2. - Environmental Mitigation Planning 5 - Safety & Security Planning

1. - Freight Planning

2. - Travel Network Modeling 8 - Air Quality Conformity

9 • Intelligent Transportation System

17-500 Transit and Active Transportation 2065 171,760 137,408 6,250 28.102 Staff Charges + contractual exp $31.250 1 - Non-Motorized Transportat ion Planning

2 - Transit Planning

17-600 Other Planning Initiatives/Special Projects 2066 46,729 37.383 9,346 1- Sprawl Analys is I

Total PL Funding s 1,848,734

Safety Planning 1-65 & US 30 (HSIP) 2068 $ -

Transit ·FTA

- - - -- -

2114 - Transit Planning 150,000 120,000 30,000

2545 - Hobart Transit Feasibility Study 75,000 60,000 15,000

2546 - Portage Transit Feasibility Study I 75,000 60,000 15,000 Scheduled to be completed 08.01/16 2536 ·Transit Administration & ADA Review 350 000 260,000 70, 000

Total Transit ·FTA Funding s 650,000 $ $ 520,000 $ - $ 30,000 $ 100,000

NIRPC Programs

--· ·-

2541 - Air Quality Education/ Outreach I 2541 I Carryover of $211,000 for Project

2542 - Diesel Retrofit <' 2542 I Carryover of S242,500 for Project 2067 - Alternative Fuel 2067 I 50,000 I 40,000 10,000 Dunes Learning Center

2536 - Deep River Portage Burns Waterway Initiative l 55,000 I 55,000 2539 - Solar Ready in Northwest Indiana l 25,000 • I 25,000

1149 • NWI Brownfield Coalition -

- 10,000

2540 - Calumet Land Conservation Partnership I 50,00_0 50,000

10,000

Total NIRPC Programs Funding $ 190,000 $ - $ . $ 40,000 $ 150,000 s

NIRPC Administration· Indirect'

9600 - General Management

9600 - Staff & Administration Support

- -

Total NIRPC Administration - Indirect $ s - $ s - $ s

FTA Planning I

Valparaiso Transit Service Marketing Study 100,000

60,000 20,000

NICTD - TOD Study I 375,000 300,000 75,000

GPTC - Planning Activities 100,000 80,000 20,000 - Gary Public Transportation Corporation

Total FTA Planning s 575,000 $ - s 460,000 $ s 115,000 $

Total 2017 NIRPC Budget $ 3,263,734 $ 1,478,987 $ 980,000 $ 40,000 s 295,000 $ 463,497

ee cost allocation olan

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..:._. Northwestern Indiana

MRPC

Regional Planning Comission

RESOLUTION 16-22

A RESOLUTION OF THE NORTHWESTERN INDIANA REGIONAL PLANNING COMMISSION AMENDING THE

FY 2016-2019 TRANSPORTATION IMPROVEMENT PROGRAM FOR LAKE, PORTER, AND LA PORTE COUNTIES, INDIANA AMENDMENT NO. 24

June 16, 2016

WHEREAS, Northwest Indiana's citizens require a safe, efficient, effective, resource-conserving regional transportation system that maintains and enhances regional mobility and contributes to improving the quality of life in Northwest Indiana; and

WHEREAS, the Northwestern Indiana Regional Planning Commission, hereafter referred to as "the Commission", being designated the Metropolitan Planning Organization (MPO) for the Lake, Porter and LaPorte County area, has established a regional,comprehensive,cooperative, and continuing (3-C) transportation planning process to develop the unified planning work program, a transportation plan, and a transportation improvement program to facilitate federal funding for communities, counties, and transit operators, and to provide technical assistance and expertise to regional transportation stakeholder interests; and

WHEREAS, the Commission performs the above activities to satisfy regional requirements under the Fixing American Surface Transportation Act (FAST Act, 2015),as well as other federal, state and local laws mandating transportation planning activities; and

WHEREAS, the FY 2016-2019 Transportation Improvement Program is a product of a multi­ modal,3-C transportati on planning process, compatible with regional goals and objectives and socio-economic and demographic factors used to form the 2040 Comprehensive Regional Plan

{CRP); and

WHEREAS, the FY 2016-2019 Transportation Improvement Program is an implementation of the 2040 Comprehensive Regional Plan (CRP); is fiscally constrained, and is consistent with the State Implementation Plan for Air Quality; and

WHEREAS, the FY 2016-2019 Transportation Improvement Program is developed by the Commission in coordination and cooperat ion with local elected and appointed highway and

transit officials, special interest and service organizations, including users of public transit,the Indiana Department of Transportation ,the Indiana Department of Environmental Management, the U.S. Federal Highway Administration,the U.S. Federal Transit Administration, and the U. S. Environmental Protection Agency;and

NOW, THEREFORE, BE IT RESOLVED that the Northwestern Indiana Regional Planning Commission hereby amends the FY 2016-2019 Transportation Improvement Program by adding and/or modifying the transit project(s) as shown on the attachment to this resolution.

Duly adopted by the Northwestern Indiana Regional Planning Commission on this sixteenth day of June,2016.

James G.Ton Chairperson

ATTEST:

Geof R. Benson Secretary

Transportation Improvement Program for Lake, Porter, and LaPorte Counties, Indiana for 2016- 2019

Amendment No.24, June 6,2016 TRANSIT ONLY

ADD New Public Transit Projects

DES Applicant Project Name

•""'T" --r-;

Fund

Year Total Cost Federal Cost Local Cost

County Type

$ $ 719,024 $ 719,945

TOTAL 1,438,048

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Regional Planning Commission

RESOLUTION 16-23

A RESOLUTION OF THE NORTHWESTERN INDIANA REGIONAL PLANNING COMMISSION AMENDING THE

2016-2019 TRANSPORTATION IMPROVEMENT PROGRAM FOR LAKE, PORTER, AND LAPORTE COUNTIES, INDIANA

AMENDMENT NO. 25

June 16, 2016

WHEREAS, Northwest Indiana's citizens require a safe, efficient, effective, resource­ conserving regional transportation system that maintains and enhances regional mobility and contributes to improving the quality of life in Northwest Indiana; and

WHEREAS, the Northwestern Indiana Regional Planning Commission, hereafter referred to as "the Commission", being designated the Metropolitan Planning Organization (MPO) for the Lake, Porter and LaPorte County area, has estab lished a regional, comprehensive, cooperative, and continuing (3-C) transportation planning process to develop the unified planning work program, a transportation plan, and a transportation improvement program to facilitate federal funding for communities, counties, and transit operators, and to provide technical assistance and expertise to regional transportation interests; and

WHEREAS, the Commission performs the above activities to satisfy requirements of the Fixing America's Surface Transportation (FAST) Act of 2015 (PL 114-94), applicable portions of all prior federal transportation program authorizing legislation, as well as other federal, state, and local laws mandating or authorizing transportation planning activities; and

WHEREAS, the FY 2016-2019 Transportation Improvement Program is a product of a multi-modal, 3-C transportation planning process, compatible with regional goals and objectives and socio-economic and demographic factors used to form the 2040 Comprehensive Regional Plan {CRP); and

WHEREAS, the FY 2016-2019 Transportation Improvement Program is an implementation of the 2040 Comprehensive Regional Plan (CRP); is fiscally constrained, and is consistent with the State Implementation Plan for Air Quality; and

WHEREAS, the FY 2016-2019 Transportation Improvement Program is developed by the Commission in coordination and cooperation with local elected and appointed highway and transit officials, special interest and service orga nizations, including users of public transit, the Indiana Department of Transportation, the Indiana Department of Environmental Management, the U.S. Federal Highway Administration, the U.S. Federal Transit Administration , and the U. S. Environmental Protection Agency; and

WHEREAS, the changes to the FY 2016-2019 Transportation Improvement Program brought a bout by this amendment were reviewed by the Air Quality Conformity Task Force's lnteragency Consultation Group (ICG); and

WHEREAS, the changes to the FY 2016-2019 Transportation Improvement Program brought about by this amendment were subjected to public comment in the manner prescribed by the 2014 Public Participation Plan, including preparation of a Public Comment Summary Report; and

WHEREAS, the Transpo rtation Policy Committee (TPC) has recommended that the Northwestern Indiana Regional Planning Commission make these changes to the 2016- 2019 Transportation Improvement Progra m.

NOW, THEREFORE, BE IT RESOLVED that the Northwestern Indiana Regional Planning Commiss ion hereby amends the 2016-2019 Transportat ion Improvement Program by adding the new projects and making other changes as shown on the attachment to this resolution.

Duly adopted by the Northwestern Indiana Regional Planning Commiss ion this sixteenth day of June, 2016.

James G. Ton Chairperson

ATTEST:

Geof R. Benson Secretary

2016-2019 Transportation Improvement Program for Lake, Porter, and LaPorte Counties, Indiana

Amendment #25 June 2016

New INDOT Projects / Project Phases

Add New Phase PE 2017 $ 135,740 $ l08,592 $ 27,148

SR 2 Inter section Improvement

Add New Phase RW 2018 $ 30,000 $ 24,000 $ 6,000

Located in East Chicago.

.....

co

South of SR 8.

Located in unincorporated Porter County.

Add New Phase PE 2017 $ 127,500 $ 102,000 $ 25,500

US 30 Bridge Deck Overlay. NHPP

1600351 INDOT Over Deep River, l.96 Miles East Add New Phase Non- CE 2019 $ 170,000 $ 136,000 s 34,000

of SR 51. Interstate

Add New Phase CN 2019 $ 850,000 $ 680,000 $ 170,000

Located in unincorporated Lake County just west of the Lake/ Porter County Line.

Add New Phase PE 2017 $ 157,000 $ 141,300 $ 15,700

1-65 Bridge Deck Over lay. 73rd NHPP

1593213 INDOT Ave over 1-65, 0.94 Miles North Add New Phase Interstate CE 2019 s 117,750 $ 105,975 $ 1 1,775

of US 30.

Located within the Town of Merrillville.

Add New Phase CN 2019 $ 864,916 $ 778,424 $ 86,492

Located in unincorporated LaPorte County.

I-'

\0

16

s

2. Interstate

Add New Phase CN 2019 $ 604,000 483,200 $ 1 20,800

Approaches & ramps associated with the overpass located just East of the LaPorte County Courthouse.

1383583 INDOT

SR 49 HMA Functional Overlay. Add New Phase State PE 2017 $ 200,000 $ 160,000 $ 40,000

From SR 8 to US 30.

Add New Phase

STBG

CE 2019 $ 450,000 s 360,000 $ 90,000

Located in Town of Kouts And unincorporated Porter County. Length: 8.75 miles. Cost to Complete: $5,633,000.

l

Located in Ogden Dunes, Portage, and Burns Harbor. ength: 3.93 miles.

1600354 INDOT

SR 149 Pipe ining. At 1 .64 miles South of Jct with US 20.

Add New Phase PE 2017 $ 30,000 $ 24,000 $ 6,000

NHPP

Add New Phase Non CE 2019 $ 40,000 $ 32,000 $ 8,000 Interstate

Add New Phase CN 2019 $ 200,000 $ 160,000 $ 40,000

located in the City of Portage.

N

0

s

US 30 Pipe Lining. At 2.09 miles Add New Phase PE 2017 $ 30,000 $ 24,000 6,000

NHPP

East of SR 2 and SR 49

1600350 INDOT Interchange. (near Porter County A dd New Phase Non CE 201 9 $ 40,000 $ 32,000 $ 8,000

Interstate

South of SR 31 2. Interstate

PE 2017 $ 100,000 $ 80,000 $ 20,000

CE 2019 $ 100,000 $ 80,000 $ 20,000

Add New Phase CN 2019 $ 1,000,000 $ 800,000 $ 200,000

Located in the City of Hammond. Appears to be Calumet Ave interchange.

1600340 INDOT

US 20 HMA Overlay, Preventive Maintenance. From 0.24 miles

West of SR 149 to 0.1 1 miles East of 1-94 (Babcock Rd).

Located in Portage and Burns Harbor. Length: l.41 miles.

Located in Michigan City. Length: 0.99 miles.

N

......

FINANCE AND PERSONNEL COMMITTEE

Meeting Agenda Thursday

June 16, 2016

8:00 a.m.

NIRPC Office Portage, Indiana

1. Call to Order

   
   

2. Meeting Minutes of May 19, 2016

3. Review of Financial Status

1. Approva l of Claims Register

   
   

2. FTA Conflict of Interest Draft

   
   

3. 2016 Budget Amendment

   
   

4. Alternative Fuel CMAQ Agreement

   
   

5. Other Business

   
   

6. Adjournment

The Northwestern Indiana Regional Planning Commission (NIRPC) prohibits discrimination in all its programs and activities on the basis of race, color, sex, religion, national origin, age, disability, marital status, familial status , parental status , sexual orientation , genetic information, political beliefs, reprisal, or because all or part of an individual's income is derived from any public assistance program.

Requests for alternate formats please contact Angie Hayes at (219) 763-6060 extension 104 or ahayes@nirpc.org. Individuals with hearing impairments may contact us through the Indiana Relay 711 service by calling 711 or (800) 743-3333.

NORTHWESTERN INDIANA REGIONAL PLANNING COMMISSION FINANCE AND PERSONNEL COMMITTEE

May 19, 2016

NIRPC Offices

Portage, Indiana

Members Present

Geof Benson Richard Hardaway Diane Noll - Chair Greg Stinson

Members Absent John Bayler

Dave Decker Jeff Dekker Jim Ton David Uran

Call to Order

Staff and Others Present Angie Hayes

Kelly Wenger

Kathleen Honl David Hollenbeck George Topoll

The meeting was called to order at 8:00 a.m. by Diane Noll. Approval of Minutes

It was noted that the date of the minutes showed as March 181h and needed to be changed to March 17111. Upon a motion by Greg Stinson, seconded by Richard Hardaway, the Committee approved the minutes of the March 17, 2016 meeting with the identified date change.

Review of Financial Status

Ang ie Hayes presented the financial report. At this time there are no cash issues to report. Angie did highlight the expenditures over 50% for the year and noted that many are either one time payments or are front loaded expenses. The Budget to Actual reports were presented to the Committee. The total expenditures of the General Fund for the period ending April 30, 2016 are at 27.51%.

Approval of Claims Register

Kelly Wenger presented the claims register to the Committee for approval. Upon a motion by Geof Benson, seconded by Greg Stinson , the Committee approved the claims register.

Accrued Time Rounding Policy

Angie Hayes presented to the Committee changes to the vacation policy in the employee handbook. Upon a motion by Greg Stinson, seconded by Richard Hardaway, the Committee approved the changes to the vacation policy.

Accufund Contract Amendment

Angie Hayes presented Amendment 2 for the Accufund Software Agreement to the Committee. With additional hours remaining in the contract , staff would like to extend the completion date of the contract to January 31, 2017 to receive assistance with W-2 preparation and create various reports. Upon a motion by Geof Benson, seconded by Richard Hardaway, the Committee approved the contract amendment.

Vehicle Disposition

Kathleen Honl presented the Committee the listing of vehicles to be disposed of at the June 81h disposition sale. All vehicles have meet useful life per the Federal Transit Administration guidelines and are being disposed of in accordance with those same guidelines. Upon a motion by Geof Benson, seconded by Richard Hardaway , the Committee approved the disposition of the listed vehicles.

2016 Budget Amendment

Angie Hayes presented budget Amendment 3 to the Committee. This is an addition of local funds for the additional work required on the trail guides project. Upon a motion by Geof Benson, seconded by Greg Stinson, the Committee approved the budget amendment for recommendation to the Full Commission.

Resolution 16-19 for RLF Management Plan

Kelly Wenger presented the Resolution for the RLF Management Plan to the Committee. The draft plan was presented to the Committee in September of 2015. There have been minor recommended changes by the Economic Development Administration that were reviewed with the Committee. Upon a motion by Geof Benson, seconded by Richard Hardaway, the Committee approved Resolution 16-19 for recommendation to the Full Commission.

Procurement Recommendation

Angie Hayes presented the procurement recommendation for the Corridor Study - Safety at the Crossroads 1-65 and US 30 Safety Planning for the consulting services. This project is 100% funded with Highway Safety Improvement Program funds from the State. Upon a motion by Geof Benson, seconded by Richard Hardaway , the Committee approved the procurement recommendation for recommendation to the Full Commission.

Other Business

Angie Hayes informed the Committee that South Lake County Community Services is once again below the 80% requirement for vehicle maintenance but working towards bringing it back into compliance. Staff will keep the Committee informed.

Adjournmen t

There being no further business, the meeting adjourned at 8:38 a.m.

PROPOSED 2016 BUDGET AMENDMENT

Additional Funds

Amendment 4: To add new revenue

$ 10,000 TO:

Purpose: To add new funds to the 2016 budget.

These are additional local funds to be spent on printing the Greenways & Blueways 2020 Plan.

DETAILED BUDGET LINE Original Addition Amended Departmental Expenses: Communication Environmental Program 13,750 10,000 23,750

Revenue: Calumet Land Conservation Partnership 60,000 10,000 70,000

BASIC AGREEMENT BETWEEN THE NORTHWESTERN INDIANA REGIONAL PLANNING COMMISSION AND THE INDIANA DUNES ENVIRONMENTAL LEARNING CENTER, INC. FOR PROPANE FUEL.

CFDA Number 20.205

By agreement entered into by and between the Northwestern Indiana Regional Planning Commission , hereinafter referred to as the Commission, and the Indiana Dunes Environmental Learning Center, Inc. hereinafter referred to as the Grantee, the following is hereby mutually agreed to:

1. Components of Agreement:

   
   

   This Agreement consists of two components identified as follows: ( 1) the basic agreement and (2) any and all general terms and conditions required by the Indiana Department of Transportation and Federal Highway Administration all of which having been incorporated herein and made a part of this basic agreement. The Commission and the Grantee shall comply with and be governed by all terms and conditions set forth within all parts of each component of this Agreement.

   
   

   The Commission shall procure the propane fuel and rental of the propane fuel tank on behalf of the Grantee.

   
   

2. Description of the Grantee's Obligations and Responsibilities:

   
   

   Pursuant to the Grantee's desire to participate in the Congestion Mitigation and Air Quality Program Reimbursement Grants funded by the Federal Highway Administration passed through the Indiana Department of Transportation , the Grantee agrees to purchase propane fuel so as to reduce emissions from the Grantee's vehicles. To participate and qualify for the Congestion Mitigation and Air Quality Program reimbursements , the Grantee shall be responsible for the following :

   
   

   1. The Grantee shall purchase propane fuel and rent a propane fuel tank that will be installed by the Grantee and the propane fuel provider as procured by the Commission.

      
      

   2. The Grantee shall pay the vendor in a timely manner.

      
      

   3. So as to receive reimbursement , the Grantee shall provide copies of claims and cancelled checks and such other additional documentation as may be required by the Commission on a quarterly basis.

      
      

3. Compensation:

   
   

   The Grantee shall agree to pay all costs associated with the propane fuel purchases . The Grantee shall then submit copies of claims and cancelled checks and such other documentation as the Commission may require so as to receive reimbursement at the rate at 80% for an amount not to exceed $100,000 for such costs pursuant to the terms and conditions of the Congestion Mitigation and Air Quality Reimbursement Program and in compliance with the procedures contained in Section 5 of this Agreement.

4. Project Period:

   
   

   The period of performance for which Congestion Mitigation and Air Quality Program Reimbursement Grant is extended is from July 1, 2016 to June 30, 2018 . Any grant proceeds not utilized and/or unclaimed for the propane fuel project may be forfeited by the Grantee.

   
   

5. Payment Procedures:

The Commission shall make payment to the Grantee for expenses incurred in conjunction with implementation of this Agreement in the following manner:

A. The Grantee shall submit to the project manager copies of claims, cancelled checks,

and work progress reports and such other documentation as the Commission may require at least quarterly.

1. Upon final approval of the Grantee's claims, the Commission shall make payment in the normal course of its processing and payment of claims which will normally occur within thirty (30) days of funds being received from the Indiana Department of Transportation.

2. All invoices shall be mailed to: Accounts Payable

Northwestern Indiana Regional Planning Commission

6100 Southport Road

Portage, IN 46368

5. Modification Provisions:

Any modifications to the Agreement shall be made in writing and shall occur upon the acquiescence and approval of both the Commission and the Grantee. The Commission reserves the right to terminate Grantee participation in the Congestion Mitigation and Air Quality Reimbursement Program upon a finding of Grantee noncompliance with the terms and conditions of this Agreement or if funds are no longer available from the State of Indiana or the U.S. Department of Transportation Federal Highway Administration.

The terms and conditions of this agreement shall become binding upon the Commission and the Grantee as of the date first affixed hereon and the acceptance of this Agreement by the Commission and the Grantee evidenced by the execution of the Agreement and the affixing hereto the authorized signatures of the parties.

IN WITNESS WHEREOF , the duly authorized officers of the respective parties hereto have executed this agreement as of this day of , 2016.

NORTHWESTERN INDIANA REGIONAL PLANNING COMMISSION

By:

Ty Warner

Date:

Attest:

Angie Hayes

INDIANA DUNES ENVIRONMENTAL LEARNING CENTER , INC .

By:

Geof Benson, Executive Director

Date:

Attest :

Name/Title Contracting Officer

ARTI CLE II. GENERAL PROVISIONS.

1. Access to Records. The GRANTEE shall maintain all books, documents , papers, accounting records and other evidence pertaining to the cost incurred and shall make such materials available , at their respective offices at all reasonable times during the period of the Agreement and for three years from the date of final payment of federal funds, to INDOT for inspect ion by INDOT, FHWA, or any other authorized representative of the federal and state government and copies thereof shall be furnished at no cost if requested.

   
   

2. Assignm ent; Successors . The GRANTEE binds its successors and assignees to all the terms and conditions of this Agreement. Except as otherwise specifically provided herein, the GRANTEE shall not assign or subcontract the whole or any part of this Agreement without the Commission's prior written consent. The GRANTEE may assign its right to receive payments, if any, to such third parties as the GRANTEE may desire without the prior written consent of Commission , provided that the GRANTEE gives written notice (including evidence of such assignment) to Commission thirty (30) days in advance of any payment so assigned. The assignment shall cover all unpaid amounts under this Agreement and shall not be made to more than one party.

   
   

3. Audits. The GRANTEE acknowledges that it may be required to submit to an audit of funds paid through this Agreement. Any such audit shall be conducted in accordance with IC §5-11-1, et seq., and audit guidelines specified by the State.

   
   

4. Authority to Bind the GRANTEE. The signatory for the GRANTEE represents that he/she has been duly authorized to execute this Agreement on behalf of the GRANTEE and has obtained all necessary or applicable approvals to make this Agreement fully binding upon the GRANTEE when his/her signature is affixed, and accepted by the State.

   
   

5. Certification for Federal-Aid Contracts Lobbvin Activities. The GRANTEE certifies, by signing and submitting this Agreement , to the best of its knowledge and belief that the GRANTEE has complied with Section 1352, Title 31, U.S. Code, and specifically , that:

1. No federal appropriated funds have been paid or will be paid, by or on behalf of the GRANTEE, to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal agreements , the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement , and the extension, continuation, renewal, amendment , or modification of any federal agreement , grant, loan, or cooperative agreement.

   
   

2. 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 federal agency, a Member of Congress, an officer or employee of Congress , or an employee of a Member of Congress in connection with such federal agreement , grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.

   
   

3. The GRANTEE also agrees by signing this Agreement that it shall require that the language of this certification be included in all contractor agreements including lower tier subcontracts, which exceed $100,000, and that all such sub recipients shall certify and disclose accordingly. Any person

who fails to sign or file this required certification shall be subject to a civil penalty of not less than

$10,000 and not more than $100,000 for each failure. 2.6. Compl iance with Laws.

A. The GRANTEE shall comply with all applicable federal, state, and local laws, rules, regulations, and ordinances , and all provisions required thereby to be included herein are hereby incorporated by reference . The enactment or modification of any applicable state or federal statute or the promulgation of rules or regulations thereunder after execution of this Agreement shall be reviewed by the State and the GRANTEE to determine whether the provisions of this Agreement require formal modification.

1. The GRANTEE and its agents shall abide by all ethical requirements that apply to persons who have a business relationship with the State as set forth in IC §4-2-6, et seq., IC §4-2-7, et seq. and the regulations promulgated thereunder . If the GRANTEE has knowledge, or would have acquired knowledge with reasonable inquiry, that a state officer, employee, or special state appointee, as those terms are defined in IC 4-2-6-1, has a financial interest in the Agreement, the GRANTEE shall ensure compliance with the disclosure requirements in IC 4-2-6-10. 5 prior to the execution of this contract. If the GRANTEE is not familiar with these ethical requirements, the GRANTEE should refer any questions to the Indiana State Ethics Commission, or visit the Inspector General's website at http ://www.in.gov/i g/. If the GRANTEE or its agents violate any applicable ethical standards, the Commission may, in its sole discretion , terminate this Agreement immediately upon notice to the GRANTEE. In addition, the GRANTEE may be subject to penalties under IC §§4-2-6, 4-2-7, 35-44. 1-1-4, and under any other applicable laws.

   
   

2. The GRANTEE warrants that the GRANTEE and its subcontractors, if any , shall obtain and maintain all required permits, licenses, registrations, and approvals , and shall comply with all health, safety, and environmental statutes , rules, or regulations in the performance of work activities for the State. Failure to do so may be deemed a material breach of this Agreement and grounds for immediate termination.

   
   

3. The GRANTEE affirms that, if it is an entity described in IC Title 23, it is properly registered and owes no outstanding reports to the Indiana Secretary of State.

1. As required by IC §5-22-3-7:

   1. The GRANTEE and any principals of the GRANTEE certify that:

      1. the GRANTEE, except for de minimis and nonsystematic violations, has not violated the terms of:

         1. IC §24-4.7 [Telephone Solicitation Of Consumers];

         2. IC §24-5-12 [Telephone Solicitations]; or

         3. IC §24-5-14 [Regulation of Automatic Dialing Machines];

            in the previous three hundred sixty-five (365) days, even if IC §24-4.7 is preempted by federal law; and

      2. the GRANTEE will not violate the terms of IC §24-4.7 for the duration of the Agreement , even if IC §24-4. 7 is preempted by federal law.

   2. The GRANTEE and any principals of the GRANTEE certify that an affiliate or principal of the GRANTEE and any agent acting on behalf of the GRANTEE or on behalf of an affiliate or principal of the GRA NTEE, except for de minimis and nonsystematic violations,

      1. has not violated the terms of IC §24-4. 7 in the previous three hundred sixty-five

(365) days, even if IC §24-4 .7 is preempted by federal law; and

(8) will not violate the terms of IC §24-4 .7 for the duration of the Agreement , even if IC §24-4 .7 is preempted by federal law.

2.7. Debarment and Suspension.

1. The GRANTEE certifies by entering into this Agreement that neither it nor its principals nor any of its subcontractors are presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from entering into this Agreement by any federal agency or by any department , agency or political subdivision of the State of Indiana. The term "principal" for purposes of this Agreement means an officer, director, owner, partner, key employee or other person with primary management or supervisory responsibilities , or a person who has a critical influence on or substantive control over the operations of the GRANTEE.

   
   

2. The GRANTEE certifies that it has verified the state and federal suspension and debarment status for all subcontractors receiving funds under this Agreement and shall be solely responsible for any recoupment, penalties or costs that might arise from use of a suspended or debarred subcontractor . The GRANTEE shall immediately notify the Commission if any subcontractor becomes debarred or suspended , and shall, at the Commission's request, take all steps required to terminate its contractual relationship with the subcontractor for work to be performed under this Agreement.

1. Drug-Free Workplace Certification.

   
   

   As required by Executive Order No. 90-5 dated April 12, 1990, issued by the Governor of Indiana, the GRANTEE hereby covenants and agrees to make a good faith effort to provide and maintain a drug­ free workplace. The GRANTEE will give written notice to the Commission within ten ( 10) days after receiving actual notice that the GRANTEE, or an employee of the GRANTEE in the State of Indiana, has been convicted of a criminal drug violation occurring in the workplace. False certification or violation of this certification may result in sanctions including, but not limited to, suspension of contract payments, termination of this Agreement and/or debarment of contracting opportunities with the State for up to three (3) years.

   
   

   In addition to the provisions of the above paragraph, if the total amount set forth in this Agreement is in excess of $25,000.00 , the GRANTEE certifies and agrees that it will provide a drug-free workplace by:

   
   

   1. Publishing and providing to all of its employees a statement notifying them that the unlawful manufacture, distribution , dispensing, possession or use of a controlled substance is prohibited in the GRANTEE 's workplace , and specifying the actions that will be taken against employees for violations of such prohibition;

      
      

   2. Establishing a drug-free awareness program to inform its employees of (1) the dangers of drug abuse in the workplace ; (2) the GRANTEE's policy of maintaining a drug-free workplace ; (3) any available drug counseling, rehabilitation and employee assistance programs; and (4) the penalties that may be imposed upon an employee for drug abuse violations occurring in the workplace;

      
      

   3. Notifying all employees in the statement required by subparagraph (A) above that as a condition of continued employment , the employee will (1) abide by the terms of the statement ; and (2) notify

      the GRANTEE of any criminal drug statute conviction for a violation occurring in the workplace no later than five (5) days after such conviction;

      
      

   4. Notifying the Commission in writing within ten (10) days after receiving notice from an employee under subdivision (C)(2) above, or otherwise receiving actual notice of such conviction;

      
      

   5. Within thirty (30) days after receiving notice under subdivision (C)(2) above of a conviction, imposing the following sanctions or remedial measures on any employee who is convicted of drug abuse violations occurring in the workplace: (1) taking appropriate personnel action against the employee , up to and including termination; or (2) requiring such employee to satisfactorily participate in a drug abuse assistance or rehabilitation program approved for such purposes by a federal, state or local health, law enforcement, or other appropriate agency; and

      
      

   6. Making a good faith effort to maintain a drug-free workplace through the implementation of subparagraphs (A) through (E) above.

   
   

2. Employment Eligibility Verification . As required by IC §22-5-1.7, the GRANTEE swears or affirms under the penalties of perjury that the GRANTEE does not knowingly employ an unauthorized alien. The GRANTEE further agrees that:

   
   

   A. The GRANTEE shall enroll in and verify the work eligibility status of all his/her/its newly hired employees through the E-Verify program as defined in IC §22-5-1.7-3. The GRANTEE is not required to participate should the E-Verify program cease to exist. Additionally, the GRANTEE is not required to participate if the GRANTEE is self-employed and does not employ any employees.

   
   

   1. The GRANTEE shall not knowingly employ or contract with an unauthorized alien. The GRANTEE shall not retain an employee or contract with a person that the GRANTEE subsequently learns is an unauthorized alien.

      
      

   2. The GRA NTEE shall require his/her/its subcontractors, who perform work under this Agreement , to certify to the GRANTEE that the subcontractor does not knowingly employ or contract with an unauthorized alien and that the subcontractor has enrolled and is participating in the E-Verify program. The GRANTEE agrees to maintain this certification throughout the duration of the term of a contract with a subcontractor.

   
   

3. Force Majeur e. In the event that any Party is unable to perform any of its obligations under this Agreement or to enjoy any of its benefits because of natural disaster or decrees of governmental bodies not the fault of the affected Party (hereinafter referred to as a "Force Majeure Event"), the Party who has been so affected shall immediately or as soon as is reasonably possible under the circumstances give notice to the other Parties and shall do everything possible to resume performance. Upon receipt of such notice, all obligations under this Agreement shall be immediately suspended. If the period of nonperformance exceeds thirty (30) days from the receipt of notice of the Force Majeure Event, the Party whose ability to perform has not been so affected may, by giving written notice, terminate this Agreement.

   
   

4. Funding Canc ellation Claus e. When the Director of the State Budget Agency makes a written determination that funds are not appropriated or otherwise available to support continuation of performance of this Agreement , this Agreement shall be canceled. A determination by the Director of State Budget Agency that funds are not appropriated or otherwise available to support continuation of performance shall be final and conclusive.

1. Governi ng Law. This Agreement shall be governed, construed, and enforced in accordance with the laws of the State of Indiana, without regard to its conflict of laws rules. Suit, if any , must be brought in the State of Indiana.

   
   

2. I ndemni ficat i on. The GRANTEE agrees to exculpate and hold harmless the State of Indiana, INDOT, the Commission and their officials and employees from any liability due to loss, damage, injuries, or other causalities of whatever kind, or by whosoever caused, to the person or property of anyone arising out of, or resulting from the performance of this Agreement or the work connected therewith, or from the installation, existence , use, maintenance, condition, repairs, alteration or removal of any equipment or material, to the extent of negligence of the GRANTEE , including any claims arising out the Worker's Compensation Act or any other law, ordinance, order or decree. The Commission shall not provide indemnification to the GRANTEE .

   
   

   The GRANTEE agrees to pay all reasonable expenses and attorney's fees incurred by or imposed on the State, INDOT and the Commission in connection herewith in the event that the GRANTEE shall default under the provisions of this Section.

   
   

   

3. Independent Entity; Workers' Compensation Insurance. The GRANTEE is performing as an independent entity under this Agreement. No part of this Agreement shall be construed to represent the creation of an employment , agency , partnership or joint venture agreement between the parties. Neither party will assume liability for any injury (including death) to any persons, or damage to any property , arising out of the acts or omissions of the agents, employees or subcontractors of the other party.

   
   

4. Merger & Modification. This Agreement constitutes the entire agreement between the Parties. No understandings, agreements, or representations , oral or written, not specified within this Agreement will be valid provisions of this Agreement. This Agreement may not be modified, supplemented, or amended, except by written agreement signed by all necessary Parties.

   
   

5. Non-Discrimination.

   
   

   A. This Agreement is enacted pursuant to the Indiana Civil Rights Law, specifically including IC 22-9-1-10 , and in keeping with the purposes of the Civil Rights Act of 1964 as amended, the Age Discrimination in Employment Act, and the Americans with Disabilities Act. Breach of this covenant may be regarded as a material breach of this Agreement , but nothing in this covenant shall be construed to imply or establish an employment relationship between the Commission and any applicant or employee of the GRANTEE or any subcontractor .

   
   

   Under IC 22-9-1-10 the GRANTEE covenants that it shall not discriminate against any employee or applicant for employment relating to this Agreement with respect to the hire, tenure , terms, conditions or privileges of employment or any matter directly or indirectly related to employment, because of the employee's or applicant's race, color, national origin, religion, sex, age, disability, ancestry , or status as a veteran.

   
   

   1. The GRANTEE understands that the Commission is a recipient of federal funds. Pursuant to that understanding, the GRANTEE agrees that if the GRANTEE employs fifty (50) or more employees and does at least $50,000.00 worth of business with the State and is not exempt, the GRANTEE will comply with the affirmative action reporting requirements of 41 CFR 60-1.7. The GRANTEE shall comply with Section 202 of executive order 11246, as amended, 41 CFR 60-250, and 41 CFR 60- 741, as amended, which are incorporated herein by specific reference. Breach of this covenant may

      be regarded as a material breach of Agreement.

      
      

      It is the policy of the Commission to assure full compliance with Title VI of the Civil Rights Act of 1964, the Americans with Disabilities Act and Section 504 of the Vocational Rehabilitation Act and related statutes and regulations in all programs and activities . Title VI and related statutes require that no person in the United States shall on the grounds of race, color or national origin be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance .

      
      

   2. During the performance of this Agreement, the GRANTEE, for itself, its assignees and successors in interest (hereinafter referred to as the "GRANTEE") agrees to the following assurances under Title VI of the Civil Rights Act of 1964:

      
      

      1. Compliance with Regulations: The GRANTEE shall comply with the regulations relative to nondiscrimination in Federally-assisted programs of the Department of Transportation , Title 49 CFR Part 21, as they may be amended from time to time (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this Agreement.

         
         

      2. Nondiscrimination: The GRANTEE , with regard to the work performed by it during the Agreement , shall not discriminate on the grounds of race, color, sex, sexual orientation, gender identity , national origin, religion, disability , ancestry , or status as a veteran in the selection and retention of subcontractors , including procurements of materials and leases of equipment. The GRANTEE shall not participate either directly or indirectly in the discrimination prohibited by section 21.5 of the Regulation, including employment practices when the Agreement covers a program set forth in Appendix B of the Regulations.

         
         

      3. Soli citations for Subcontracts. Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the GRANTEE for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the GRANTEE of the GRANTEE's obligations under this Agreement , and the Regulations relative to nondiscrimination on the grounds of race, color, sex , sexual orientation, gender identity , national origin, religion, disability , ancestry, income status, limited English proficiency, or status as a veteran.

         
         

      4. Information and Reports: The GRANTEE shall provide all information and reports required by the Regulations, or directives issued pursuant thereto , and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Indiana Department of Transportation and Federal Highway Administration to be pertinent to ascertain compliance with such Regulations , orders and instructions . Where any information required of a GRANTEE is in the exclusive possession of another who fails or refuses furnish this information, the GRANTEE shall so certify to the Indiana Department of Transportation or the Federal Highway Administration as appropriate, and shall set forth what efforts it has made to obtain the information .

         
         

      5. Sanctions for Noncompli ance: In the event of the GRANTEE 's noncompliance with the nondiscrimination provisions of this Agreement, the Indiana Department of Transportation shall impose such contract sanctions as it or the Federal Highway Administration may determine to be appropriate, including, but not limited to: (a) withholding payments to the GRANTEE under the Agreement until the GRANTEE complies, and/or (b) cancellation, termination or suspension of the Agreement, in whole or in part.

      6. Incorporation of Provisions: The GRANTEE shall include the provisions of paragraphs 1. through 5. in every subcontra ct, including procurements of materials and leases of equipment , unless exempt by the Regulations , or directives issued pursuant thereto.

   
   

   The GRANTEE shall take such action with respect to any subcontract or procurement as the Indiana Department of Transportation or the Federal Highway Administration may direct as a means of enforcing such provisions including sanctions for non-compliance, provided, however, that in the event the GRA NTEE becomes involved in, or is threatened with , litigation with a subcontractor or supplier as a result of such direction, the GRANTEE may request the Indiana Department of Transportation to enter into such litigation to protect the interests of the Indiana Department of Transportation , and, in addition , the GRANTEE may request the United States of America to enter into such litigation to protect the interests of the United States of Amer ica.

   
   

6. Penalties, Interest and Attorney's Fees. The Commission will in good faith perform its required obligations hereunder, and does not agree to pay any penalties, liquidated damages , interest, or attorney's fees, except as required by Indiana law in part, IC §5-17-5, IC §34-54-8 , and IC §34-13-1.

   
   

   Notwithstanding the provisions contained in IC §5-17-5, any liability resulting from the State's failure to make prompt payment shall be based solely on the amount of funding originating from the State and shall not be based on funding from federal or other sources.

   
   

7. Public Record. The GRANTEE acknowledges tha.t the Commission will not treat this Agreement as containing confidential information.

   
   

8. Severabi lity. The invalidity of any section, subsection, clause or provision of this Agreement shall not affect the validity of the remaining sections, subsections, clauses or provisions of this Agreement.

   
   

9. Status of Claims. The GRANTEE shall be responsible for keeping the Commission currently advised as to the status of any claims made for damages against the GRANTEE resulting from services performed under this Agreement.

   
   

10. Substantial Performance. This Agreement shall be deemed to be substantially performed only when fully performed according to its terms and conditions and any written amendments or supplements.

    
    

11. Waiver of Rights. No right conferred on either party under this Agreement shall be deemed waived, and no breach of this Agreement excused, unless such waiver is in writing and signed by the party claimed to have waived such right.

    
    

12. Disadvantaged Business Enterprise Program. Notice is hereby given to the GRANTEE or SUB-GRANTEE that failure to carry out the requirements set forth in 49 CFR Sec. 26.13(b) shall constitute a breach of this Grant Agreement and, after notification, may result in termination of the Agreement or such remedy as the Commission deems appropriate . The referenced section requires the following policy and disadvantaged business enterprise (DBE) assurance to be included in all subsequent Agreements between the GRANTEE and any SUB-GRANTEE :

The GRANTEE, and any sub recipient or SUB-GRANTEE shall not discriminate on the basis of race, color, national origin, or sex in the performance of this Agreement. The GRANTEE shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted Agreements . Failure by the GRANTEE to carry out these requirements is a material breach of this

Agreement , which may result in the termination of this Agreement or such other remedy, as the recipient deems appropriate.

As part of the GRANTEE's equal opportunity affirmative action program, it is required that the GRANTEE shall take positive affirmative actions and put forth good faith efforts to solicit proposals or bids from and to utilize disadvantaged business enterprise SUB-GRANTEES, vendors or suppliers .

2.24 . General. This Agreement represents the entire understanding between the Parties relating to the subject matter, and supersedes any and all prior oral and/or written communications , understandings or agreements relating to the subject matter. The headings are inserted for convenience only and do not constitute part of this Agreement.

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