NORTHWESTERN INDIANA REGIONAL PLANNING COMMISSION EXECUTIVE BOARD MEETING

September 21, 2017, 9:00 A.M. NIRPC Lake Michigan Room

6100 Southport Road, Portage, IN

A G E N D A

1. Environmental Management Policy Committee - Geof Benson Pages 34-37

   1. Presentation -- SepticSmart Week September 18-22

   2. A cti o n on Resolution 17-18, Support for SepticSmart

      Week September 18-22, 2017 Page 36

      b) A cti o n on Resolution 17-19, Support of the Indiana Dunes National National LakeShore and Indiana Dunes State Park Request to be Designated as a Dark Sky Park by the International Dark Sky

      Association Pages 37-38

      
      

2. Technical Planning Committee -- Kevin Breitzke Pages 39-64

   1. A cti o n on Resolution 17-20, FY 2018-2021 Transportation

      Improvement Program Amendment #2 Pages 41-45

   2. A cti o n on Resolution 17-21, FY 2018-2021 Transportation

      Improvement Program Amendment #3 Pages 46-64

      
      

3. INDOT, Rick Powers, La Porte District Deputy Commissioner

   
   

4. Other Business

   
   

5. Public Comment

   
   

6. Announcements

   
   

7. 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.

NIRPC Full Commission Meeting 6100 Southport Road, Portage, IN July 20, 2017

Minutes

Call to Order

Vice Chairman Geof Benson called the meeting to order at 9:10 a.m. with the Pledge of Allegiance and self-introductions. Michael Griffin resumed Chairing the meeting.

Commissioners present included Christopher Anderson, Jeannette Bapst, Geof Benson, Tim Bietry, Jim Biggs, Kevin Breitzke, Robert Carnahan, Bill Emerson, Jr., Don Ensign, Will Farrellbegg, Thomas Fath, Karen Freeman-Wilson, Michael Griffin, Richard Hardaway, Jack Jeralds, Justin Kiel, Cary Kirkham, Andrew Kyres, Nick Meyer, Richard Mrozinski, Diane Noll, Rick Ryfa, Tom Schmitt, Dave Shafer, Ed Soliday, Joe Stahura, Greg Stinson, Mary Tanis, Jim Ton and George Topoll. Lyndsay Quist was present from INDOT.

Guests present included Justin Mount, Matt Deitchley, Julie Ritzler, Lisa Shrader, Mary Enright, Jean Manna, David Wright, Mike Yacullo, Joseph Crnkovich, Beth Jacobson, Sharon King, Jill Murr, Randy Strasser, Ismail Attallah, Susan Weber, Joyce Newland, Antonio Johnson, Christopher Murphy, Denarie Kane and Tim Zorn.

Staff present included Ty Warner, Kathy Luther, Angie Hayes, Mitch Barloga, Scott Weber, Gary Evers, Eman Ibrahim, James Winters, Gabrielle Biciunas, Sarah Geinosky, Amanda Pollard, Jody Melton and Mary Thorne.

Minutes

On a motion by Geof Benson and a second by Justin Kiel, the minutes of the June 15 Executive Board meeting were approved by the Commission.

Public Comment

David Wright, Gary Public Transportation Corporation, relayed GPTC’s request for confirmation from the FTA/FHWA that the NIRPC Board membership satisfies the FAST Act in regards to representation by GPTC and NICTD. He also made an appeal for NIRPC’s leadership capacity in supporting public transportation. He indicated that in 2017-2018 GPTC would be rolling out a significant increase in transit on the Broadway corridor, adding service to Merrillville with Merrillville’s fiscal involvement, and putting buses in the vicinity of the Purdue Research Center. While 2017 was planned to be a watershed year in transit growth, GPTC has been forced to look at the possibility of reducing transit service in other parts of their service area. The GPTC Board approved the provisional suspension of service to Lake Shore South, which connects downtown Hammond to Munster and Highland. Local match is needed for transit routes in the communities of Hammond, Munster, Highland, and also Whiting. GPTC asked the NIRPC Commission to be active in the conversation to prevent these reductions in service. Commissioners Carnahan and Ton both spoke of support for not reducing service. Commissioner Freeman-Wilson said the opportunity for NIRPC is as a convener and facilitator of this discussion, as there are federal dollars GPTC is unable to spend because of a lack of local funds. Chair Michael Griffin asked the NIRPC Executive Director to assist in bringing these communities and GPTC together to ascertain what the exact “ask” is in needed funding.

Report of the Chairman

Michael Griffin said he represented NIRPC on June 22 at a ribbon cutting for the 61st Street and Wisconsin Avenue roundabout project in Hobart. Griffin presented lapel pins featuring the NIRPC logo to the Commissioners; gold NIRPC pins were presented to current and former NIRPC Chairs. Griffin relayed that these will identify and communicate pride in NIRPC.

Report of the Executive Director

Ty Warner thanked everyone who attended the Open House on June 15, and he thanked the representatives from FHWA, FTA and INDOT for the last two days spent with them during NIRPC’s certification review. Warner also asked all to complete the electronic survey that had been distributed as part of the certification review. The next Board meeting will be on September 21 at 9 a.m. Ty Warner presented staff service awards to Kathy Luther for 10 years, Amanda Pollard for 10 years, and Sarah Geinosky for 5 years of service. He announced Amanda Pollard would be moving on to other work and that this would be Gary Evers’ last Commission meeting as he will be taking his retirement.

Presentation

Ratio Architects and Butler, Fairman & Seufert presented the I-65 & US 30 Corridor Safety Plan, an estimated $40-45 million cyclist and pedestrian-friendly corridor enhancement plan which could include a tunnel, shuttle service and two bridges designed to improve safety, increase access to the area and reduce traffic congestion on US 30.

Finance & Personnel Committee

Karen Freeman-Wilson reported that the State Board of Accounts performed a clean audit. The Comprehensive Annual Financial Report (CAFR) will be available electronically. A budget amendment in the amount of $22,500 was recommended by the Committee that would transfer funds from salaries to contractual for the purchase and implementation of E-TIP software. On a motion by Kevin Breitzke and a second by Bob Carnahan, the Commission voted to approve the budget amendment.

Environmental Management Policy Committee

Geof Benson said the committee will meet on August 3 at 9 a.m. to hear a presentation from NIPSCO on LED streetlight replacement.

Technical Planning Committee

Kevin Breitzke reported that the Technical Planning Committee met last Tuesday and heard a presentation on the air, water and land quality goals of the 2040 Comprehensive Regional Plan. The public comment report on the US 30/I-65 Safety Plan was included in the materials. On a motion by Jim Ton and a second by Geof Benson, the Commission voted to adopt Resolution 17-16, adopting the US 30/I-65 Safety Plan.

Gary Evers explained the projects in the first amendment to the FY 2018-2021 Transportation Improvement Program. On a motion by Geof Benson and a second by Jim Ton, the Commission voted to adopt Resolution 17-17, Amendment #1 to the FY 2018-2021 Transportation Improvement Program.

The next meeting of the Technical Planning Committee is scheduled for September 12 at 9 a.m. at NIRPC.

Legislative Committee

Ty Warner said the committee will meet on Monday, July 24 at 1:00 p.m. at NIRPC.

Indiana Department of Transportation

Reporting for Rick Powers, Lyndsay Quist said all construction work is continuing for the betterment of the region.

Federal Highway Administration/Federal Highway Administration

Joyce Newland thanks NIRPC staff for the tour of the region Tuesday which showcased transportation challenges and projects in the region and in the TIP and the implementation of the 2040 Plan, livable communities, and transit projects. The public comment meeting held last night voiced concerns about

social issues. NIRPC was commended on promoting bike and ped and livable communities initiatives throughout the region. NIRPC’s bike/ped efforts are in accordance with the FHWA’s goals to reduce deaths to zero. INDOT and all the MPOs in the state are working together on performance measures. One corrective action will be made on the Coordinated Public Transit Human Service Transportation Plan, which was a recommendation in the last certification and review and should be updated. Additional public comment on NIRPC’s certification will be taken at 11 a.m. following this meeting in the NIRPC Lake Michigan Room, and in Michigan City at 1:30 p.m.

Michael Griffin indicated that an ad hoc committee will be formed to develop by-laws, which Newland said would also be one of the recommendations.

Other Business

Ed Soliday said the Governor is traveling the state announcing a five-year plan for state roads for the entire state and it is available online. It does not include $350 million which is also being made available to local government. The entire plan is $30 billion over 20 years, none of which is debt. Porter County will get about $40 million and the money needs to be spent on regional road connectivity to offload congestion on roads like US 30.

Announcements

• Bob Carnahan said Lakeshore Public Radio needs to raise $107,356 to avoid a deficit by September 30, or the station will face loss of programming. He asked Commissioners to make personal donations to the station.

• Bob Carnahan provided a program on the free South Shore Summer Music Festival showing rain locations.

• Geof Benson added that there will also be a concert on August 4 at 7:30 p.m. at Indiana Dunes National Lakeshore or Chesterton High School if it rains.

• Ty Warner clarified that the I-65 & US 30 safety study was done only with designated safety money to address safe access to the corridor. NIRPC has done a regional corridor study earlier which identifies road gaps which, when filled, would relieve congestion on major roads like US 30. Karen Freeman-Wilson added that there are people who rely on bicycles to get to work or to shop because they do not have another option.

• Cary Kirkham announced that the LaPorte local rotary club is bringing in the Lake City Skiers on Pine Lake this Saturday night. It is the only competitive water skiing show in Indiana.

• Bill Emerson said the Cline Avenue Bridge is a connector which will relieve congestion on local roads and voiced his desire to see a resolution of support.

• Geof Benson announced a memorial celebration of life will be held for Dale Engquist on August 5 from 11 a.m. to 2 p.m. at the Dunes Learning Center.

Adjournment

Hearing no other business, Michael Griffin adjourned the meeting at 10:45 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 NIRPC from the videographer.

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

FINANCE AND PERSONNEL COMMITTEE‌

Meeting Agenda Thursday September 21, 2017

8:00 a.m.

NIRPC Office Portage, Indiana

1. Call to Order

   
   

2. Meeting Minutes of July 20, 2017 (Page 1-2)

   
   

3. Review of Financial Status (Page 3-6 )

   
   

4. Approval of Claims Register (Page 7-26 )

   
   

5. NIRPC Credit Card Policy Revision (Page 27)

   
   

6. 2017 Budget Amendment 5 (Page 28)

1. Procurement Recommendations (Page 29)

   • Procurement #17-14

   • Procurement #17-18

     
     

2. Contracts for Approval (Page 30-53)

   • EcoInteractive Contract for ProjectTracker Software (E-TIP)

1. Attorney Contract Proposals Review Process Discussion

   
   

2. Other Business

   
   

3. 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

July 20, 2017

NIRPC Dune Room Portage, Indiana

Members Present Staff and Others Present

Karen Freeman-Wilson, Chair Ty Warner

Robert Carnahan Angie Hayes

Richard Hardaway Kathy Luther

Diane Noll Meredith Stilwell

Dave Shafer Dave Hollenbeck

Call to Order

The meeting was called to order at 8:05 a.m. by Dave Shafer.

Approval of Minutes

Dave Shafer presented the minutes of the May 18, 2017 meeting. Upon a motion by Bob Carnahan, seconded by Greg Stinson, the Committee approved the minutes.

Review of Financial Status

Angie Hayes reported that Kelly Wenger is no longer employed with NIRPC and has gone to work for NICTD. The Financial reports were reviewed. Angie reported she has had issues with some vendors in regard to receiving billings in a timely manner which resulted in the reports only being through May 31 instead of June 30. NIRPC has received all 2017 county distributions. The Indiana State Board of Accounts audit of NIRPC has been completed with no audit findings or comments. A link to the 2016 Comprehensive Annual Financial Report (CAFR) will be sent by email.

Approval of Claims Register

Dave Shafer presented the claims register to the Committee for approval. Upon a motion by Bob Carnahan, seconded by Greg Stinson, the Committee approved the claims register.

Attorney Contract Scope of Work Discussion

Angie Hayes presented the scope of work and evaluation criteria for procuring an attorney for NIRPC. Upon a motion by Greg Stinson, seconded by Richard Hardaway, the Committee accepted the Scope of Work and evaluation criteria as presented. An RFP will be released by August 1, 2017 with responses due by September 1, 2017. The RFPs will be reviewed at the

September Finance and Personnel Committee meeting unless a special meeting is requested by the Committee based on number of responses received.

NIRPC Meeting Room Rental Policy Discussion

Angie Hayes initiated a discussion regarding how NIRPC should handle the renting out of meeting rooms. A suggestion was made to set a fee and use the amount as in-kind for non- profit/governmental use of the rooms and charge for-profit entities for use. Dave Hollenbeck will look into how the building lease reads.

Accufund Contract Extension

Angie Hayes presented contract Amendment 4, to extend the contract between Accufund, Inc. and NIRPC until December 31, 2017. The extension would allow for dashboarding reports to be set up. There is a cost savings for extending the contract rather than entering into a new contract. Upon motion by Bob Carnahan, seconded by Greg Stinson, the Committee approved the contract extension with Accufund, Inc.

2017 Budget Amendment

Karen Freeman-Wilson presented 2017 budget Amendment 4 to transfer $22,500 from salaries to contractual for the purchase and implementation of new E-TIP software for the Transportation Improvement Program (TIP). Upon motion by Bob Carnahan, seconded by Greg Stinson, the Committee approved budget amendment 4.

Other Business

Ty Warner announced that NIRPC’s certification review, which takes place every four years, is underway. A public meeting was held in Gary on July 19 and another public meeting will be held on July 20 at 11:00 a.m. after the NIRPC commission meeting.

Bob Carnahan, who is on the Advisory Board of Lakeshore Public Media, announced that they are $96m in the red and are looking for ways to attract money. They are also looking to move their antennae from Lake Dale to Merrillville for better reception for the Chicago area which hopefully could encourage Chicago sponsors.

Ty Warner announced that the positions of Director of Transportation and Regional Planner/Policy Analyst have been posted with closing dates at the end of July. These positions are to replace Steve Strains who retired and James Winters who changed positions and is now the Transit Planner for NIRPC.

Adjournment

There being no further business, the meeting adjourned at 8:35 a.m.

NORTHWESTERN INDIANA REGIONAL PLANNING COMMISSION

BUDGET TO ACTUAL EXPENDITURES REPORT JANUARY 1 THROUGH AUGUST 31, 2017

Line Items Budget Expended Balance % Expended GENERAL FUND EXPENDITURES

Salaries

Fringe Benefits

5121-9 FICA Contributions 113,815.00 64,012.43 49,802.57 56.24%

5122-9 Workers Compensation 7,000.00 4,234.00 2,766.00 60.49%

5123-9 Unemployment Compensation 1,600.00 1,094.71 505.29 68.42%

5141-9 PERF Contributions 185,100.00 108,775.81 76,324.19 58.77%

5142-9 Health Insurance 290,000.00 189,197.00 100,803.00 65.24%

5143-9 Life & Disability Insurance 21,000.00 13,102.16 7,897.84 62.39%

5145-9 ICMA 19,880.00 12,995.00 6,885.00 65.37%

5146-9 Staff Development 18,000.00 7,160.64 10,839.36 39.78%

Fringe Benefits Sub-Total 656,395.00 400,571.75 255,823.25 61.03%

Maintenance

5241-9 Copier Leasing/Maintenance 21,000.00 12,752.17 8,247.83 60.72%

5243-9 Computer Service/Maintenance 28,000.00 14,494.00 13,506.00 51.76%

5244-9 Telephone Service/Maintenance 23,000.00 12,375.17 10,624.83 53.81%

5249-9 Other Equipment Maintenance 500.00 199.92 300.08 39.98%

Maintenance Sub-Total 72,500.00 39,821.26 32,678.74 54.93%

Departmental

5410-1 Communications: Commission/Ex. Dir. 36,500.00 19,389.84 17,110.16 53.12%

5410-2 Communications: Transportation 40,500.00 20,396.52 20,103.48 50.36%

5410-4 Communications: Subgrantee Management 14,000.00 4,876.33 9,123.67 34.83%

5410-5 Communications: Environmental Programs 11,000.00 39,597.76 (28,597.76) 359.98%

5410-8 Communications: Partner Agency 2,500.00 4,122.05 (1,622.05) 164.88%

5410-9 Communications: Allocated Functions 41,490.00 5.39 41,484.61 0.01%

1. Promotional Expenses: Environmental Programs 79,500.00 27,522.75 51,977.25 34.62%

   5430-9 General Use Supplies Expense 10,016.00 35.37 9,980.63 0.35%

   

   Departmental Sub-Total 235,506.00 115,946.01 119,559.99 49.23%

   

   Contractual
   5602-9	Legal Services		18,000.00		12,000.00		6,000.00		66.67%
   5603-9	Audit and Accounting		16,000.00		10,845.00		5,155.00		67.78%
   5604-9	LaPorte RLF Services		1,000.00		-		1,000.00		0.00%
   5605-9	Human Resources		10,000.00		6,625.00		3,375.00		66.25%
   5610-4	Transit Oversight		13,000.00		-		13,000.00		0.00%
   5610-5	Environmental Projects		714,399.00		128,863.06		585,535.94		18.04%
   5610-5	Alternative Fuel		40,000.00		-		40,000.00		0.00%
   5619-9	Organizational Dev.		16,000.00		-		16,000.00		0.00%
   5610-5	Cornucopia Contractual		3,000.00		-		3,000.00		0.00%
   5610-2	Hobart Feasibility Study		28,000.00		19,100.11		8,899.89		68.21%
   5610-2	I65 & Rt. 30 Planning Study		238,000.00		210,754.30		27,245.70		88.55%
   5610-2	Household Travel Survey		184,190.00		-		184,190.00		0.00%
   5610-2	Indiana Trails Study		25,000.00		25,000.00		-		100.00%
   		Contractual Sub-Total	1,306,589.00		413,187.47		893,401.53		31.62%

   
   

   Capital Outlays

   5910-1 Furniture and Equipment 101,000.00 18,732.83 82,267.17 18.55%

   

   Capital Outlays Sub-Total 101,000.00 18,732.83 82,267.17 18.55%

   

   
   

   

   TOTAL GENERAL FUND EXPENDITURES 4,118,453.00 2,046,131.97 2,072,321.03 49.68%

   

   
   

   LaPorte Revolving Loan Fund 200,000.00 94.69 199,905.31 0.05%

   
   

   Transit Capital Fund 2,375,452.00 578,626.27 1,796,825.73 24.36%

   
   

   Transit Operating Fund 3,764,616.00 2,235,552.00 1,529,064.00 59.38%

   
   

   

   TOTAL EXPENDITURES $ 10,458,521.00

   $ 4,860,404.93

   $ 5,598,116.07

   46.47%

   

   
   

   

   PROPOSED 2017 BUDGET AMENDMENT

   Additional Funds

   Amendment 5: To add new revenue

   TO: Commission/Ex. Director Communications and Contractual

   
   

   Purpose: To add new funds to the 2017 budget.

   

   These funds are revenue generated through registrations and sponsorships for the 2017 Indiana MPO Conference.

   
   

   	DETAILED BUDGET LINE	Original	Addition	Amended
   	Revenue: 2017 MPO Conference	-	27,000	27,000
   	Expenses: Communication	36,500	2,000	38,500
   	Expenses: Contractual	-	25,000	25,000

   Procurement Recommendations September 21st, 2017

   
   

   NIRPC Computers & Sound System - Procurement #17-14

   • Purchase computers, hardware and software upgrades, and a sound system for Northwestern Indiana Regional Planning Commission

   • Paid with Federal Transit Administration Funds (80%) out of grant IN-2016- 033 and the local share coming from the above listed agency (20%)

   • Recommendation to purchase computers hardware and software upgrades and a sound system not to exceed $120,000.00 in federal funds

     
     

     NIRPC 2017 MPO Conference – Procurement #17-18

   • Secure a contract for the supply of food and audio visual equipment with the Stardust Event Center in Michigan City, the venue where the 2017 MPO Conference will be held. Procure items necessary for holding the conference including miscellaneous supplies, swag, awards, and bus rental for the mobile tours.

   • Recommendation to award a contract and procure required items for the 2017 MPO Conference in an amount not-to-exceed $30,000.

PART I. BASIC AGREEMENT BETWEEN THE NORTHWESTERN INDIANA

REGIONAL PLANNING COMMISSION AND Eco-Interactive, Inc FOR Electronic Transportation Improvement Program (eTIP) System PROCURED UNDER RFP

#17-15.01

By agreement entered into by and between the Northwestern Indiana Regional Planning Commission, hereinafter referred to as the Commission, and EcoInteractive, Inc. hereinafter referred to as the Contractor, the following is hereby mutually agreed to:

1. Construction of Agreement:

   This agreement consists of four parts: (1) the basic agreement, (2) scope of work, (3) required forms, and

   (4) any and all general terms and conditions required by the Indiana Department of Transportation and Federal Highway Administration. Each of these parts is hereby made a part of this agreement. The Commission shall be governed by and the Contractor shall comply with all terms and conditions set forth within all parts of the Agreement.

   
   

2. Description of Services provided by the Contractor:

   The Contractor shall provide the following: Customized Project Tracker Software as a Service. The Contractor shall perform the services to the satisfaction of the Commission as provided for in the scope of work which is described in Part 2 of this Agreement.

   
   

   The Commission requires prior approval of the use of any Sub-Contractors for this agreement and a copy of the executed agreement between the Contractor and Sub-Contractor.

   
   

3. Compensation:

   The Contractor shall provide the identified goods and services as noted in Part 2 of this Agreement, for a cost not to exceed $135,000, at a cost of $45,000 per year for 3 years.

   
   

   Optional Extension Year 4 billed at $46,344 per year Optional Extension Year 5 billed at $47,736 per year.

   
   

   Payment for services provided by the Contractor will be on a reimbursement basis and in accordance with procedures provided for in the Terms of Agreement section of this Agreement.

   
   

4. Terms of Agreement:

   The Contractor shall commence service hereunder on the October 1, 2017. ProjectTracker SaaS features will be available based on scheduled outlined in scope of work. NIRPC will notify contractor within 3 months of the end of contract of intent to continue with optional year extensions.

   
   

5. Payment Procedures:

   The Commission shall make periodic payments to the Contractor for services rendered in conjunction with this Agreement in the following manner:

   
   

   1. The Contractor shall submit monthly invoices in the amount of $3,750 to the Commission, which are sent the last week of the month for services rendered for that month.

   2. Following its approval of the invoice submitted by the Contractor, the Commission shall make payment. Payment will normally be made within thirty days after said approval.

   3. All invoices shall be submitted to:

      Accounts Payable

      Northwestern Indiana Regional Planning Commission 6100 Southport Road

      Portage, Indiana 46368

      
      

6. Modification Provisions:

   This Agreement shall not be modified except in writing, signed by both parties to this Agreement. Further, the parties hereby agree that the Commission may hereby modify Part 2 to this Agreement by adding, deleting or modifying tasks, subtasks, schedules or the content or quantity of products to be produced by the contractor to the extent that such modifications result in no upward or downward cost adjustment.

   
   

7. Termination:

   Either party may terminate the agreement by providing a written notice at least thirty (30) days prior to an effective termination date, which shall coincide with the last day of a calendar month. In the event of termination, the Commission shall be obligated to pay the Contractor only for services rendered and expenses incurred through the date of termination.

   
   

8. Agreement:

It is hereby agreed and understood by the party’s signatory hereto that this Agreement becomes executed when the appropriate signatures are affixed hereto and the date of contract award is established as the twenty-first (21st) day of September, 2017.

NORTHWESTERN INDIANA REGIONAL PLANNING COMMISSION

By: By:

_

_

Tyson Warner NAME

Executive Director

Date: Date:

Attest:

Kathy Luther Chief of Staff

PART II. SCOPE OF WORK

1. Fee Schedule

   EcoInteractive will provide the ProjectTracker SaaS solution for the NIRPC to access over the Internet for use by NIRPC and their member agencies/stakeholders to manage TIP transportation projects. NIRPC is requesting EcoInteractive’s standard level of service. This proposal is for services only (NIRPC receives no deliverables for this project and no professional services or works for hire are included). No subcontractors, DBEs, or travel are included or will be utilized in this scope of work.

   
   

   Phase 1: One-time customizations for NIRPC’s specific needs

   EcoInteractive will invest up to 200 hours over the first six months for customizations, data import, and initial start-up services. EcoInteractive is committed to a long-term relationship with NIRPC and it is important for this process to meet your requirements. EcoInteractive considers these one-time costs as an EcoInteractive investment in the ProjectTracker SaaS solution for NIRPC. EcoInteractive is offering NIRPC an annual ProjectTracker SaaS package that includes:

   • TIP & LRTP Project Modules (includes amendment/adoption process)

   • Obligation tracking module,

   • Document management module,

   • GIS module,

   • Flexible, dynamic reporting module,

   • Public web site module

   • Call For Projects Module

A fixed monthly subscription fee will be billed at the end of each month following contract initiation. During the first few weeks, EcoInteractive will give access to the new ProjectTracker SaaS established for NIRPC. Following the software installation and web site creation, EcoInteractive will import NIRPC data and NIRPC will begin to review the functionality of the ProjectTracker SaaS. During weekly online meetings, NIRPC will identify needed customizations to adapt the software to NIRPC business processes. Implementation and scheduling is discussed below.

Phase 1: Tasks & Milestones

EcoInteractive has proposed the following 6-month timeline. NIRPC may adjust or reprioritize the order in which modules are implemented. On-going SaaS will begin immediately following the completion of the Phase 1.

Historical Data Import

This is a standard part of the six-month customization process for ProjectTracker SaaS. EcoInteractive will utilize internal tool sets and our extensive experience and talented staff to support this data conversion and migration from multiple disparate data systems. EcoInteractive has implemented the ProjectTracker SaaS solution for many customers in less than six months. This includes migration of

historical data from disparate sources into the new ProjectTracker SaaS. EcoInteractive has worked with many historical datasets as well as successfully integrated data from other internal databases and external sources. EcoInteractive’s extensive knowledge of transportation data helps insure that our staff can quickly understand and use internal tools to import data into the ProjectTracker SaaS to meet the NIRPC’s unique needs. EcoInteractive is uniquely qualified for this project as EcoInteractive has routinely completed many other similar projects for transportation agencies with great success. EcoInteractive expects to establish the NIRPC's ProjectTracker SaaS infrastructure in the first 4 weeks. An initial customized version of ProjectTracker SaaS, including the upload of NIRPC data, will be up and running within the first 12 - 16 weeks of contract award.

Phase 2: Provide Ongoing ProjectTracker SaaS for NIRPC

EcoInteractive is committed to providing long-term ProjectTracker SaaS to NIRPC. EcoInteractive will continue to bill the same fixed monthly subscription fee as it did in Phase 1 for Phase 2. The monthly SaaS subscription fee will cover Software maintenance, SaaS hosting, help desk support, and include a package of up to 120 support hours annually that can be used to make enhancements to the system including (but not limited to) new reports, help desk support, tracking new values, or modifying business rules. The help desk allows clients to meet changing user requirements for the duration of the contract. The help desk provides fast response and quick turnaround technical support.

Cost

The annual fee is expected to be a complete package covering secure site, public portal, maintenance, helpdesk support, hosting, security, business rule changes, and software changes/enhancements. The annual fee includes up to 120 hours per year for additional technical support. Future annual pricing shall include a small increase in SaaS fees (similar to CPI) to offset the rate of inflation.

*This includes the ProjectTracker SaaS initial 6-month startup where EcoInteractive invests up to 200 hours to complete implementation and customization.

** Includes a small increase in SaaS fees (similar to CPI) to offset the rate of inflation.

Assumptions for this fee schedule:

• Software Ownership - EcoInteractive will provide the ProjectTracker SaaS solution for the NIRPC as a service over the Internet for use by NIRPC and their member agencies/stakeholders to manage eTIP transportation projects. This proposal is for services only (NIRPC receives no deliverables for this project). To the extent that EcoInteractive, Inc. utilizes any of its property (including, without limitation, the EcoInteractive, Inc Technology, ProjectTracker software, or any hardware or software of EcoInteractive, Inc) in connection with the performance of services hereunder, such property shall remain the property of EcoInteractive, Inc. and, except for the use expressly granted in this engagement, the NIRPC and their member agencies, shall acquire no right or interest in such property. Nothing in this Agreement or proposal shall be construed as precluding or limiting in any way the right of EcoInteractive, Inc. to provide services of any kind or nature whatsoever to any person or entity as EcoInteractive, Inc. in its sole discretion deems appropriate. In addition, and notwithstanding anything in this Agreement or proposal to the contrary, the parties acknowledge and agree that (a) EcoInteractive, Inc will own all right, title, and interest, including, without limitation, all rights under all copyright, patent and other intellectual property laws, in and to the EcoInteractive, Inc. Technology and (b) EcoInteractive, Inc may employ, modify, disclose, and otherwise exploit the EcoInteractive, Inc. Technology (including, without limitation, providing services or creating programming or materials for other clients).

• NIRPC will own and be responsible for the quality of data in the customized ProjectTracker SaaS application at all times.

• NIRPC will identify in writing any confidential information or data.

• NIRPC will not enter or track medical records; personnel records, home addresses and phone numbers of any person, social security numbers, credit card numbers, bank account numbers or any other Personal Credit Information or Personally Identifiable Information in the ProjectTracker SaaS.

• NIRPC will be responsible for authorizing access to the ProjectTracker SaaS system for their staff, member agencies, and other users.

• NIRPC will provide a key point of contact to act as the interface between EcoInteractive and NIRPC.

• At end of the contract period, if the SaaS fees are not renewed, or the contract is terminated, EcoInteractive will transfer all data files to NIRPC (in MS Access, DBF or other standard data format), and the ProjectTracker SaaS web site will be taken offline.

• ProjectTracker SaaS will provide access to an electronic street map GIS interface. NIRPC will provide other GIS map data (and any licenses required), which NIRPC wants to use in the ProjectTracker SaaS online mapping/database applications.

• EcoInteractive’s liability for damages to NIRPC for any cause whatsoever, and regardless of the form of action, whether in Contract or in tort, shall be limited to 12 months of service fees.

J. Copies of relevant certifications and qualifications

None Applicable.

Appendix A. Staff Resumes

Dr. Anne M. Happel

DIRECTOR

EDUCATION

BS – PURDUE UNIVERSITY

PhD - Harvard University

EXPERTISE

• Management Consulting

• Information Technology

• Environmental Management Systems

• Strategic Planning

• Large System Development and Integration

• Data Warehouse

• Project

  Management

• Knowledge Management

• Business Process Reengineering

• Internet Strategy

• Data Conversion

• Software

  Development

• System

Implementations

YEARS OF EXPERIENCE 23

Dr. Happel has more than 23 years of information technology management and scientific experience. She led the development of the ProjectTracker solution. She has significant experience understanding transportation business processes and dataflow between the local agencies, MPOs, state and federal agencies.

She is a leader in re-engineering government processes to effectively use the Internet to save resources and streamline data sharing. She uses advanced innovative information technology and geographic information system solutions to build new Internet-based solutions for government and private industry. She has consistent success in implementing creative solutions and developing products that exceed customer expectations.

Dr, Happel has worked with MPOs, DOTs, Federal agencies, and local agencies to streamline the tracking and integration of transportation data for over 12 years. Her extensive understanding of the full life cycle of the transportation business process and the complexities of the roles of DOT programs, local agencies, the MPO, State and Federal agencies has greatly contributed to the success of EcoInteractive’s ProjectTracker SaaS.

Example Relevant Experience

• Provided project management and completed the requirements for the customization of all customized ProjectTracker SaaS systems.

• Completes facilitated JAD sessions, requirements analysis, business planning, project management, system design, and implementation tasks supporting new customizations of ProjectTracker. Manages software functional development to support customer applications.

• Key point of contact for EcoInteractive ProjectTracker SaaS. Manages the ProjecTracker SaaS helpdesk and programming team.

• Manages EcoInteractive team’s customization process.

• Reviews ProjectTracker SaaS user testing results and electronic data sharing processes to ensure that ProjectTracker SaaS is meeting or exceeding client’s needs.

• Lead and managed multiple large scale complex systems developments.

  Established the help desk processes, prepared documentation and training

  materials, and conducted statewide training sessions for thousands of regulated businesses and hundreds of regulators.

• Lead and managed FMIS 5.0 integration effort including advanced obligation/expenditure reports.

• Lead and managed development and integration of pavement condition module that acts as a repository and analysis tool for agencies across the MPO.

  
  

  

  
  

  Michael Legg

  TECHNICAL DIRECTOR

  
  

  EDUCATION

  BSE - Computer Science and Engineering, University of California at Davis

  
  

  EXPERTISE

  • Large System Integration

  • Information Technology

  • Business Process Reengineering

  • System

    Architecture

  • Internet Strategy

  • Project

    Management

  • Database Design

  • Data Conversion

  • Software

    Development

  • System

  Implementations

  
  

  YEARS OF EXPERIENCE

  23

  Mr. Legg has managed and developed major, multi-year application system development projects providing enterprise wide solutions supporting government organizations and private sector companies in the environmental industry for over 23 years. He has consistent success in implementing creative solutions and developing products that exceed customer expectations. For example, he was the technical force in creating the ProjectTracker software.

  
  

  He manages contractual relationships with clients; manages statewide implementation and Software as a Service; defines the project approach, methods and staffing; conducts quality assurance over key project deliverables; resolves issues with staff, tools, and methods; and participates in project status and steering committee meetings to resolve all technical issues.

  
  

  RELEVANT EXPERIENCE

• Designed, developed, and customized the ProjectTracker software. Directed programmers and staff in the programming, testing, data migration, and implementation of the solution.

• Manages EcoInteractive’s Software as a Service infrastructure and ongoing maintenance projects for multiple applications. Leads the technical team for database, GIS, Internet security, capacity planning and other SaaS services.

• Managed and led the technical development of multiple large scale complex projects.

  • Architected, designed and help develop statewide system which provides services for 1000s of secured users and has receives more than 100 million hits annual. The system processes millions of electronic submittals annually and contains more than 500 million records. Designed and developed electronic compliance submission system which at the time was the largest electronic reporting program of its kinds

    nationally and continues to serve as a national model of a robust, large-scale, successful e-government program.

  • Led development of system to integrate intelligence data into GIS system. System houses billions of data elements and responds to queries in less than 1 second. Integrates data from multiple data systems, creating a single decisions support system that allows users to create rules governing data integration

• Developed comprehensive auditing system controls infrastructure to allow for DevOps environment while creating controls to support AICPA audits.

  
  

  TECHNICAL SUMMARY

  Oracle, Microsoft SQL Server, ESRI Products, ProjectTracker technology, Visual Basic, Access, Paradox, Sybase, Powerbuilder, ERwin, FoxPro, SQL, HTML, ASP, ASP.NET, JSP, Java, Novell 3.X, 4.X, Windows 2000 / 2003 / 2008, C, Pascal, Delphi, Solaris, Linux, Internet Security, network communications, individual component selection and integration, performance analysis, data conversion and migration.

  
  

  

  
  

  Vo Tran

  SENIOR SOFTWARE DEVELOPMENT ENGINEER

  
  

  EDUCATION

  BSE - Computer Science and Engineering, University of California at Los Angeles

  (UCLA)

  
  

  EXPERTISE

  • Large System Integration

  • Information Technology

  • System

    Architecture

  • Internet Strategy

  • Project

    Management

  • Database Design

  • Data Conversion

  • Software

    Development

  • System

  Implementations

  
  

  YEARS OF EXPERIENCE

  12

  Mr. Tran constructs interfaces, conversion, screens, reporting, and/or application programs. Implements project plans. He supports all phases of the software development life cycle. Analyzes information requirements; develops appropriate corrective support actions. He designs, programs, tests, and implements software solutions for our clients.

  
  

  He has experience working with EcoTracker technology and supporting ProjectTracker-based Internet-based SaaS solutions. He has consistent success in implementing creative solutions and is committed to developing products that exceed customer expectations.

  
  

  RELEVANT EXPERIENCE

• Manages software development and maintenance for the EcoInteractive ProjectTracker SaaS solutions supporting for example: large MPOs like Los Angeles County Metropolitan Transportation Authority (Metro), San Diego Association of Governments (SANDAG), the Orange County Transportation Authority (OCTA), and Chicago Metropolitan Agency for Planning (CMAP) as well as DOTs like the Nevada Department of Transportation (NIRPC) and other ProjectTracker customers.

• Leads/Manages helpdesk support for EcoInteractive’s ProjectTracker SaaS. Has insight into TIP and LRTP transportation project business processes to answer user questions and to meet user needs.

• Leads the development of a ProjectTracker financial application for the San Diego Association of Governments and Orange County Transportation Agency. This application interfaces with ProjectTracker, which is a SaaS solution.

• Developed FASS data system for CalTrans to manage RTIP data uploads from agencies state-wide for CalTrans CTIPS data system.

• Developed automated data exchange system between ProjectTracker SaaS and Southern California Association of Governments (SCAG) data system, including business rules, error checks, and import of data into SCAG data system.

• Developed GIS mapping applications for mapping of project locations - street segment(s) and node(s) – and integrated, flexible GIS reports. Created GIS real-time downloads in multiple formats.

• Developed flexible tracking system for financial constraints reporting, tracking of revenue and fund balance.

• Developed customized payment module for managing billions of dollars in payments to local agencies for project expenditures. Includes electronic receiving system, automated email notification, and integration with business process and institutional financial management systems.

  
  

  TECHNICAL SUMMARY

  Oracle, Microsoft SQL Server, ESRI Products, ProjectTracker technology, Visual Basic, Access, Paradox, Sybase, Powerbuilder, ERwin, FoxPro, SQL, HTML, ASP, ASP.NET, JSP, Java, Novell 3.X, 4.X, Windows 2000 / 2003 / 2008, C, Pascal, Delphi, Solaris, Linux, Internet Security, network communications, individual component selection and integration, performance analysis, data conversion and migration.

  
  

  

  
  

  Evan Scarisbrick

  SENIOR SOFTWARE DEVELOPMENT ENGINEER

  
  

  EDUCATION

  BSE - Computer Engineering, University of California at Davis

  
  

  EXPERTISE

  • Large System Integration

  • Information Technology

  • Business Process Reengineering

  • Internet Strategy

  • Database Design

  • Data Conversion

  • Software

    Development

  • System

  Implementations

  
  

  YEARS OF EXPERIENCE 17

  Mr. Scarisbrick constructs interfaces, conversion, reporting, and/or application programs. Implements project plans. He has significant experience directing all phases of the software development life cycle. He led multiple project development efforts to successful implementation.

  
  

  Relevant Experience:

  
  

• Supports software development and maintenance for the EcoInteractive ProjectTracker SaaS solutions supporting for example: large MPOs like Los Angeles County Metropolitan Transportation Authority (Metro), San Diego Association of Governments (SANDAG), the Orange County Transportation Authority (OCTA), and Chicago Metropolitan Agency for Planning (CMAP) as well as DOTs like the Nevada Department of Transportation (NIRPC) and other ProjectTracker SaaS customers.

• Supports helpdesk for EcoInteractive’s ProjectTracker SaaS solutions supporting multiple customers.

• Has significant knowledge and insight into TIP and LRTP transportation project business processes to answer user questions and to meet user needs.

• Managed the development of several major subsystems, complex reports, robust data entry processes, and implemented the solutions using the State of California standards and procedures.

• Customized and enhanced ProjectTracker software to support statewide applications to manage electronic reporting and receiving on a massive scale.

• Led development for statewide system that automated electronic reporting of

  local governments to the state. This system streamlined what was a paper process and saved countless hours of manual review.

• Led development team to create pavement management system integrating mobile, desktop, and GIS systems to report and manage pavement quality data to support better decision making.

• Developed and deployed comprehensive data validation and data management solutions for multiple customers, improving data quality, information security, and data integrity.

• Increased efficiency and data quality for multiple organizations by automating complex, multi-step processes.

Technical Summary

Oracle, .NET, C#, CSS, Java Script, JQUERY, Crystal Reports, JDeveloper, CVS, Visual Basic, SQL and PL/SQL, HTML as a SQL client, Crystal Reports, EcoTracker technology, Microsoft Access and other Microsoft tools, Microsoft Application Server Pages (VBScript), C, C++, Perl, Windows NT, C, UNIX, Internet Security, network communications, individual component selection and integration.

Part III. Required Forms

Form P102

CERTIFICATION OF COMPLIANCE WITH GOVERNMENT-WIDE DEBARMENT, SUSPENSION, INELIGIBLITIY AND VOLUNTARY EXCLUSION PROVISIONS – LOWER TIER COVERED TRANSACTIONS

In regard to 49 CFR Part 29 and Executive Order 12549

By signing and submitting this bid or proposal, the prospective lower tier participant is providing the signed certification set out below in accordance with the following instructions:

1. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, NIRPC may pursue available remedies, including suspension and/or debarment.

2. The prospective lower tier participant shall provide immediate written notice to NIRPC if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

3. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," :"participant," "persons," "lower tier covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549 [49 CFR Part 29]. You may contact NIRPC for assistance in obtaining a copy of those regulations.

4. The prospective lower tier participant agrees by submitting this proposal that should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized in writing by NIRPC.

5. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction", without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions.

6. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List issued by U.S. General Service Administration.

7. Nothing contained in the foregoing shall be construed to require establishment of system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

8. Except for transactions authorized under Paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to all remedies available to the Federal Government, NIRPC may pursue available remedies including suspension and/or debarment.

Pursuant to the above instructions:

1. The prospective lower tier participant certifies, by submission of this bid or proposal, that neither it nor its "principals" [as defined at 49 C.F.R. § 29.105(p)] is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency.

2. When the prospective lower tier participant is unable to certify to the statements in this certification, such prospective participant shall attach an explanation to this proposal.

   
   

   Signature of Contractor's Authorized Official

   
   

   Name and Title of Contractor's Authorized Official

   
   

   Date

   
   

   CERTIFICATION REGARDING LOBBYING

   49 CFR Part 20 - Appendix A

   Certification For Contracts, Grants, Loans, And Cooperative Agreements

   
   

   The undersigned certifies, to the best of his or her knowledge and belief, that:

   Form P109

   
   

   1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an 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 contract, 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 contract, 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 agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, ``Disclosure Form to Report Lobbying,'' in accordance with its instructions.

      
      

   3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

Signature of Contractor’s Authorized Official

Name and Title of Contractor’s Authorized Official

Date

NON-COLLUSION AFFIDAVIT

The undersigned Proposer, being duly sworn on oath, says that he has not, nor has any other member, representative, or agent of the firm, company, corporation or partnership represented by him, entered into any combination, collusion or agreement with any person from Proposing not to induce anyone to refrain from Proposing, and that this Proposal is made without reference to any other Proposal and without any agreement, understanding or combination with any other person in reference to such Proposing. He further says that no person or persons, firms, or corporation has, have or will receive directly or indirectly, any rebate, fee, gift, commission or thing of value on account of such sale.

Proposer

Signature of Proposer

Part IV. General Terms and Conditions

Part 4. GENERAL PROVISIONS.

1. Access to Records. The CONTRACTOR 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 inspection 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. Assignment; Successors. The CONTRACTOR binds its successors and assignees to all the terms and conditions of this Agreement. Except as otherwise specifically provided herein, the CONTRACTOR shall not assign or subcontract the whole or any part of this Agreement without the Commission’s prior written consent. The CONTRACTOR may assign its right to receive payments, if any, to such third parties as the CONTRACTOR may desire without the prior written consent of Commission, provided that the CONTRACTOR 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 CONTRACTOR 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 CONTRACTOR. The signatory for the CONTRACTOR represents that he/she has been duly authorized to execute this Agreement on behalf of the CONTRACTOR and has obtained all necessary or applicable approvals to make this Agreement fully binding upon the CONTRACTOR when his/her signature is affixed, and accepted by the State.

   
   

5. Certification for Federal-Aid Contracts Lobbying Activities. The CONTRACTOR certifies, by signing and submitting this Agreement, to the best of its knowledge and belief that the CONTRACTOR 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 CONTRACTOR, 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 CONTRACTOR 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.

   
   

6. Compliance with Laws.

   
   

   1. The CONTRACTOR 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 CONTRACTOR to determine whether the provisions of this Agreement require formal modification.

      
      

   2. The CONTRACTOR 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 CONTRACTOR 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 CONTRACTOR shall ensure compliance with the disclosure requirements in IC 4-2-6-10.5 prior to the execution of this contract. If the CONTRACTOR is not familiar with these ethical requirements, the CONTRACTOR should refer any questions to the Indiana State Ethics Commission, or visit the Inspector General’s website at http://www.in.gov/ig/. If the CONTRACTOR or its agents violate any applicable ethical standards, the Commission may, in its sole discretion, terminate this Agreement immediately upon notice to the CONTRACTOR. In addition, the CONTRACTOR may be subject to penalties under IC §§4-2-6, 4-2-7, 35-44.1-1-4, and under any other applicable laws.

      
      

   3. The CONTRACTOR warrants that the CONTRACTOR 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.

      
      

   4. The CONTRACTOR 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 CONTRACTOR and any principals of the CONTRACTOR certify that:

         1. the CONTRACTOR, 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 CONTRACTOR 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 CONTRACTOR and any principals of the CONTRACTOR certify that an affiliate or principal of the CONTRACTOR and any agent acting on behalf of the CONTRACTOR or on behalf of an affiliate or principal of the CONTRACTOR, 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

         2. 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.

   
   

7. Debarment and Suspension.

   
   

   1. The CONTRACTOR 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 CONTRACTOR.

      
      

   2. The CONTRACTOR 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 CONTRACTOR 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.

   
   

8. Drug-Free Workplace Certification.

   
   

   As required by Executive Order No. 90-5 dated April 12, 1990, issued by the Governor of Indiana, the CONTRACTOR hereby covenants and agrees to make a good faith effort to provide and maintain a drug-free workplace. The CONTRACTOR will give written notice to the Commission within ten (10) days after receiving actual notice that the CONTRACTOR, or an employee of the CONTRACTOR 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 CONTRACTOR 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 CONTRACTOR’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 CONTRACTOR’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 CONTRACTOR 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.

   
   

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

   
   

   1. The CONTRACTOR 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 CONTRACTOR is not required to participate should the E-Verify program cease to exist. Additionally, the CONTRACTOR is not required to participate if the CONTRACTOR is self-employed and does not employ any employees.

      
      

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

      
      

   3. The CONTRACTOR shall require his/her/its subcontractors, who perform work under this Agreement, to certify to the CONTRACTOR 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 CONTRACTOR agrees to maintain this certification throughout the duration of the term of a contract with a subcontractor.

   
   

10. Force Majeure. 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.

    
    

11. Funding Cancellation Clause. 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.

    
    

12. Governing 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.

    
    

13. Indemnification. The CONTRACTOR 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 CONTRACTOR, 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 CONTRACTOR.

    
    

    The CONTRACTOR 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 CONTRACTOR shall default under the provisions of this Section.

    
    

14. Independent Entity; Workers’ Compensation Insurance. The CONTRACTOR 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.

    
    

15. 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.

    
    

16. Non-Discrimination.

    
    

    1. 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 CONTRACTOR or any subcontractor.

       
       

       Under IC 22-9-1-10 the CONTRACTOR 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.

       
       

    2. The CONTRACTOR understands that the Commission is a recipient of federal funds. Pursuant to that understanding, the CONTRACTOR agrees that if the CONTRACTOR employs fifty

       (50) or more employees and does at least $50,000.00 worth of business with the State and is not

       exempt, the CONTRACTOR will comply with the affirmative action reporting requirements of 41 CFR 60-1.7. The CONTRACTOR 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.

       
       

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

       
       

       1. Compliance with Regulations: The CONTRACTOR 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 CONTRACTOR, 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 CONTRACTOR 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. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the CONTRACTOR 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 CONTRACTOR of the CONTRACTOR’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 CONTRACTOR 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 CONTRACTOR is in the exclusive possession of another who fails or refuses furnish this information, the CONTRACTOR 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 Noncompliance: In the event of the CONTRACTOR’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 CONTRACTOR under the Agreement until the CONTRACTOR complies, and/or (b) cancellation, termination or suspension of the Agreement, in whole or in part.

          
          

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

    
    

    The CONTRACTOR 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 CONTRACTOR becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the CONTRACTOR 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 CONTRACTOR may request the United States of America to enter into such litigation to protect the interests of the United States of America.

    
    

17. 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.

    
    

18. Public Record. The CONTRACTOR acknowledges that the Commission will not treat this Agreement as containing confidential information.

    
    

19. Severability. 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.

    
    

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

    
    

21. 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.

    
    

22. 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.

    
    

23. Disadvantaged Business Enterprise Program. Notice is hereby given to the CONTRACTOR or SUB-CONTRACTOR 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 CONTRACTOR and any SUB-

7

CONTRACTOR:

The CONTRACTOR, and any sub recipient or SUB-CONTRACTOR shall not discriminate on the basis of race, color, national origin, or sex in the performance of this Agreement. The CONTRACTOR shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted Agreements. Failure by the CONTRACTOR 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 CONTRACTOR’s equal opportunity affirmative action program, it is required that the CONTRACTOR shall take positive affirmative actions and put forth good faith efforts to solicit proposals or bids from and to utilize disadvantaged business enterprise SUB-CONTRACTORS, vendors or suppliers.

1. 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.

   
   

   [Remainder of Page Intentionally Left Blank

   
   

   8

   ENVIRONMENTAL MANAGEMENT POLICY COMMITTEE

   NIRPC- Lake Michigan Room August 3, 2017

   
   

   Members/Guests: Geof Benson, Michael Spinar, Susan Adams, Larry Silvestri, Rosemary Bell, Alan Bell, Jen Birchfield, Kim Kingsland, Michelle Caldwell, Will Farrellbegg, Barbara Schultz, Kristine Sandrick, Lauri Keagle, Deb Backhus, Arber Himaj, Jennifer Gadzala, George Malis, Reggie Korthals, Natalie Johnson, Bill Emerson, Jr., Andrea Huntington, Maggie Byrne, Richard Morrisroe, Mike Webber, George Topoll, B. Scott Henry, Kay Nelson, Steven Stanford, Michael Kuss, Dan Manus and Jody Melton.

   NIRPC Staff: Kathy Luther and Mary Thorne.

   
   

   Call to Order and Pledge of Allegiance

   Chairman Benson called the meeting to order at 9:20 a.m. with the Pledge of Allegiance and self- introductions.

   
   

   Approval of June 1, 2017 EMPC Minutes

   On motion by Reggie Korthals and a second by Will Farrellbegg, the June 1, 2017 EMPC meeting minutes were unanimously approved as presented.

   
   

   Presentations:

   1. NIPSCO LED Light Changeout Program – Dr. Bob Kramer, Purdue Northwest

      Dr. Kramer presented on NIPSCO’s plan to change out their high pressure sodium lighting with LED lighting. Many slides of various data in support of the LED change out were shown. Purdue University Northwest Hammond Campus Energy Efficiency and Reliability Center received a grant from Indiana Municipality Utility Group (IMUG) to research options implementing new street lighting technology while coordinating with NIPSCO. Over the next few years, NIPSCO is equipping all of its streetlights with LED technology. The new, light-emitting diode fixtures are brighter and more efficient than the high-pressure sodium lights being replaced. In answer to a request for emissions efficiency information by Kathy Luther, Dr. Kramer said he would provide the answers to her as soon as possible. For more information contact Dr. Kramer @219-989-2147 or at kramerro@pnw.edu.

   2. Dark Sky Program at the Indiana Dunes National Lakeshore – Larry Silvestri, International Dark Sky Association

Mr. Silvestri said the Milky Way can be seen from Kemil Beach and added that the National Lakeshore is the third most diverse biologically of the 52 national parks, home to 30% of all Indiana’s native species. The National Lakeshore serves 10 million people throughout the region and is a cultural and aesthetic resource. Dark skies are very important to wildlife and its habitat. A designation as an International Dark Sky Park would increase ecotourism and raise the profile of Northwest Indiana. Letters of support were submitted to the International Dark Sky Association by Larry Silvestri, the National Park Service in Porter, Indiana, Rep. Scott Pelath, Save the Dunes Council, and Michigan City Mayor Ron Meer. It was requested that the Northwestern Indiana Regional Planning Commission adopt and submit a resolution of support to the Indiana Dark Sky Association that the Indiana Dunes National Lakeshore become a Dark Sky International Park. On a motion by Reggie Korthals and a second by Richard Morrisroe, the presentation of a draft

resolution of support by the NIRPC Board for the Indiana Dunes National Lakeshore to become a Dark Sky International Park was approved.

Public Comment:

• With regard to the NIPSCO LED Light Changeout Program, several comments of concern were submitted by Susan Adams of Ogden Dunes regarding the reduction of lumens to between 3,000 and 4,000 and a lack of any reporting as to the considerable impact on wildlife.

• Comments in favor of the Indiana Dunes National Lakeshore were submitted by Alan and Rosemary Bell of Beverly Shores.

  Announcements:

  • Announcements for upcoming events and meetings will be forwarded to the EMPC Committee email list.

The next meeting of the Environmental Management Policy Committee will be held on September 7, 2017 at 9 a.m.

Hearing no other business, Chairman Benson adjourned the meeting at 11:25 a.m.

***

Note: On August 14, Dr. Kramer emailed the following information to Kathy Luther:

The following are CO2 savings for the retrofit of the HPS street lights to LED. These values should be considered general estimates since an EPA generic coal unit was used for the emission rates. The comparison between CCTs was done assuming the respective efficiency values for the 150W HPS replacement LED unit for all the luminaires with the same light output levels for the LEDs. These are recent values but they are still somewhat in flux. The values that follow are the equilibrium numbers after all the lights are changed out. During the installation period the number would scale at a rate of 1/6 per year.

HPS replaced with 4000K LED = savings of 13,864 Tonnes CO2e/year HPS replaced with 3000K LED = savings of 13,517 Tonnes CO2e/year HPS replaced with 2700K LED = savings of 13,171 Tonnes CO2e/year

A Digital MP3 of this meeting is filed. Contact Mary Thorne at 219-763-6060 or mthorne@nirpc.org should you wish to receive a copy of it.

RESOLUTION 17-18

A RESOLUTION OF THE NORTHWESTERN INDIANA REGIONAL PLANNING COMMISSION IN SUPPORT OF THE 2017 SEPTICSMART WEEK

September 21, 2017

WHEREAS: Throughout Northwest Indiana, many communities rely on Septic Systems, or Onsite Wastewater Treatment and Disposal Systems, to dispose of wastewater from their homes and businesses; and

WHEREAS: Septic Systems can fail or malfunction polluting our lands and waterways causing public health hazards and natural resource degradation; and

WHEREAS: Educating home and business Septic System owners about the need for periodic inspection, maintenance and proper daily use can result in the highest possible standard of safe, sanitary and environmentally sound onsite wastewater service.

NOW, THEREFORE, BE IT RESOLVED that the Northwestern Indiana Regional Planning Commission hereby proclaims September 18-22, 2017 to be SEPTICSMART WEEK in Northwest Indiana and encourage all residents and businesses to join in this observance.

Duly adopted by the Northwestern Indiana Regional Planning Commission this 21st day of September, 2017.

ATTEST:

Michael W. Griffin Chairperson

Diane Noll Secretary

RESOLUTION 17-19

A RESOLUTION OF THE NORTHWESTERN INDIANA REGIONAL PLANNING COMMISSION IN SUPPORT OF THE INDIANA DUNES NATIONAL LAKESHORE AND

INDIANA DUNES STATE PARK REQUEST TO BE DESIGNATED AS A DARK SKY PARK BY THE INTERNATIONAL DARK SKY ASSOCIATION

WHEREAS, in 2011 the Northwestern Indiana Regional Planning Commission, being designated the Council of Governments, representing all local governments in the region has established a comprehensive planning process including the three domains of environmental, economic development and transportation planning; and

WHEREAS, efforts to create and preserve the Indiana Dunes National Lakeshore began in 1899 and legislation established the Indiana Dunes National Lakeshore in 1966; and

WHEREAS, the Indiana Dunes National Lakeshore’s unique 15,000 acres supports more than 1,400 species of native flora and 936 species of fauna requiring a healthy nocturnal environment, thereby ranking it third in diversity among all 52 National Park Service sites; and

WHEREAS, the Indiana Dunes National Lakeshore is home to endangered species of the Piping Plover, the Karner Blue butterfly, and

WHEREAS, the Indiana Dunes State Park is public land, accessible to the public, and is legally protected for scientific, natural, educational, cultural, and public enjoyment purposes, where the core area provides an exceptional dark sky resource, relative to the communities and cities that surround it, and

WHEREAS, the Northwestern Indiana Regional Planning Commission adopted the 2040 Comprehensive Regional Plan in 2011, which includes as its goals protection of environmentally sensitive areas and important ecosystems; and

WHEREAS, research has shown that artificial light, particularly at night can have significant impacts on life sustaining behavior of many species of animals that are critical to these ecosystems, including migratory birds; and

WHEREAS, Indiana Dunes National Lakeshore and Indiana Dunes State Park are critical feeding and resting points for migratory birds; which also draws economic development and tourism investments in Northwest Indiana Communities.

NOW THEREFORE BE IT RESOLVED, that the Northwestern Regional Planning Commission adopts this resolution of support for the Indiana Dunes National Lakeshore and Indiana Dunes State Park to be designated as a Dark Sky Park by the International Dark Sky Association.

Duly adopted by the Northwestern Indiana Regional Planning Commission this 21st day of September, 2017.

Michael G. Griffin Chairman

ATTEST:

Diane Noll Secretary

Technical Planning Committee Meeting‌

NIRPC Lake Michigan Room 6100 Southport Road, Portage July 11, 2017‌‌

MINUTES

Chairman Kevin Breitzke called the meeting to order at 9:03 a.m. with the Pledge of Allegiance and self- introductions. Members present included Kevin Breitzke, George Topoll, David Wright, Mark O’Dell, Tom MacLennan, Margot Sabato, Lyndsay Quist, Kay Nelson, Tyler Kent, Susan Weber and Stephen Stofko. Others present included Justin Mount, Ray Riddell, Jeff Huet, Brandon Arnold, Jill Murr, Jake Dammarel, Joe Crnkovich, Mike Yacullo, Claudia Taylor, Don Oliphant, Mitch Bishop, Karie Koehneke, Kelly Wenger, Don Parker, Chris Moore, K-Todd Behling and Andrew Steele. Joyce Newland participated via conference phone. Staff present included Ty Warner, Kathy Luther, Gary Evers, James Winters, Eman Ibrahim, Amanda Pollard, Stephen Sostaric, Sarah Geinosky, Gabrielle Biciunas and Mary Thorne.

The INDOT participation survey was available at the table in the lobby.

The minutes of the June 13, 2016 Technical Planning Committee meeting were approved on a motion by Tom MacLennan and a second by Margot Sabato.

Presentation: Kathy Luther presented on the Clean Environment Goal of the 2040 Comprehensive Regional Plan, and gave examples of strategies for air, water and land quality. Kay Nelson had several comments on the emissions testing program, added pollution as a result of road construction and the VW Settlement plans.

Implementation Planning

• Stephen Sostaric reported on the US 30/I-65 Safety Study Comment Report. No significant comments requiring modification of the study were received.

• Mitch Barloga described Resolution 17-16, the US 30/I-65 Safety Study. David Wright noted that there were no cost estimates given by the consultants for local bus service. On a motion by David Wright and a second by Joe Crnkovich, the Technical Planning Committee recommended the US 30/I- 65 Safety Study to the Commission for adoption.

  Programming

  Mitch Barloga presented Resolution 17-17, the first amendment to the FY 2018-2021 Transportation Improvement Program for local agencies and INDOT. The LaPorte County projects went through the TROC process. Mitch Bishop noted that the sidewalk project in Westville is for right of way acquisition and not construction. Susan Weber said the new TIP has been incorporated into the statewide TIP on July 3. On a motion by George Topoll and a second by Kay Nelson, the Technical Planning Committee recommended Amendment #1 to the 2018-2021 Transportation Improvement Program as amended to the Commission for adoption.

  Topical Committee Reports:

• The Environmental Management Policy Committee will meet on August 3 at 9 a.m. at NIRPC and hear a presentation from NIPSCO on the LED streetlight change out program.

  • Mitch Barloga said the Ped, Pedal & Paddle Committee heard a presentation from the Active Transportation Alliance on Complete Streets. NIRPC will hold a workshop next year prior to the call for projects. The committee will meet on July 27 at 1:30 and hear from the Calumet Collaborative. Joyce Newland said INDOT is doing complete streets training on August 29 from 8:30 to 4 at the Roxana Community Center in East Chicago and from 8:30 to 4 on August 30 at the LaPorte District office. Training is open to the LPAs.

  • James Winters reported that the transit operators met last month and worked with Kelly Wenger to make some small changes to the TIP. Last week the federal apportionment was released for 2017 and we are well within the budget. The operators will meet briefly following this meeting and then celebrate the retirement of Gary Evers and Joe Crnkovich.

  • Eman Ibrahim reported that the Land Use Committee met last month to hear a presentation on the new trains and how to plan for an increase in the elderly population.

  • Stephen Sostaric said the Freight Committee heard a presentation last month from Rich Mrozinksi on the Kingsbury Industrial Park and discussed rail crossing funding programs. The committee will meet on September 20.

    
    

    Planning Partners:

  • Federal Highway Administration – Susan Weber said the certification review is scheduled for July 18-

    20. There will be a public meeting on July 19 and a report will be given to the Full Commission at its July 20 meeting. There are three opportunities for public engagement – GPTC board room, Commission meeting on July 20 and in Michigan City.

    There were no comments from the public.

    Emerging Trends: Eman Ibrahim showed a brief video on Project “Via Verde”, bridge landscaping in Mexico to help improve air quality.

    Announcements:

  • James Winters reported that he attended the Indiana Transit Association board meeting whose lobbying efforts resulted in a 4-5% increase in public mass transit funds (PMTF) this year.

  • Kathy Luther introduced interns Ryan Bennett and Timothy Little who will be helping with GIS and sprawl analysis.

  • Mitch Barloga announced Gary Evers’ retirement after 24 years at NIRPC. Cake was available to help fete him.

  • Sarah Geinosky said the draft Marquette Action Plan will be out for public review and comment very soon.

  • Kevin Breitzke announced the upcoming meetings.

The next Technical Planning Committee meeting is September 12 at 9 a.m. at NIRPC. On a motion by George Topoll and a second by Tyler Kent, Kevin Breitzke adjourned the meeting at 10:05 a.m.

A Digital MP3 of this meeting is filed. Contact Mary Thorne at the phone number or email below should you wish to receive a copy or a portion of it.

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.

:t=J:S Northwestern Indiana

IWJ RPC

Regional Planning Commission

RESOLUTION 17-20

A RESOLUTION OF THE NORTHWESTERN INDIANA REGIONAL PLANNING COMMISSION AMENDING THE

FY 2018-2021 TRANSPORTATION IMPROVEMENT PROGRAM FOR LAKE, PORTER, AND LAPORTE COUNTIES, INDIANA

AMENDMENT NO. 2

September 21, 2017

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 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 2018-2021 Transportation Improvement Program is a product of a multi-modal, 3-C transportation planning process, compatible with regional goals and objectives and socio-economi c and demographic factors used to form the 2040 Comprehensive Regional Plan (CRP}, as amended; and

WHEREAS, the FY 2018-2021 Transportation Improvement Program is an implementation of the 2040 Comprehensive Regional Plan (CRP}, as amended; is fiscally constrained, and is consistent with the State Implementation Plan for Air Quality; and

WHEREAS, the FY 2018-2021 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

WHEREAS, the changes to the FY 2018-2021 Transportation Improvement Program brought about by this amendment were reviewed by the Air Quality Conformity Task Force's lnteragency Consultation Group (ICG);and

WHEREAS, the changes to the FY 2018-2021 Transportation Improvement Program brought about by this amendment were subjected to public comment in the manner prescribed by the 2014 Public Participation Plan with no comments received;and

WHEREAS, the Technical Policy Committee (TPC) has recommended that the Northwestern Indiana Regional Planning Commission make these changes to the FY 2018-2021 Transportation Improvement Program.

NOW, THEREFORE, BE IT RESOLVED that the Northwestern Indiana Regional Planning Commission hereby amends the FY 2018-2021 Transportation 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 Commission this twenty­ first day of September,2017.

Michael W. Griffin Chairperson

AITEST:

Diane Noll Secretary

43

./::.:G Northwestern Indiana

MRPC

Regional Planning Commission

RESOLUTION 17-21

A RESOLUTION OF THE NORTHWESTERN INDIANA REGIONAL PLANNING COMMISSION AMENDING THE

FY 2018-2021 TRANSPORTATION IMPROVEMENT PROGRAM FOR LAKE, PORTER, AND LAPORTE COUNTIES, INDIANA

AMENDMENT NO. 3

September 21, 2017

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 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 2018-2021 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), as amended; and

WHEREAS, the FY 2018-2021 Transportation Improvement Program is an implementation of the 2040 Comprehensive Regional Plan (CRP), as amended; is fiscally constrained,and is consistent with the State Implementation Plan for Air Quality;and

46

WHEREAS , the FY 2018-2021 Transportati on Improvement Program is developed by the Commission in coordination and cooperation 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

WHEREAS, the changes to the FY 2018-2021 Transportation Improvement Program brought about by this amendment were reviewed by the Air Quality Conformity Task Force's lnteragency Consultation Group (ICG); and

WHEREAS, the changes to the FY 2018-2021 Transportation Improvement Program brought about by this amendment were subjected to public comment in the manner prescribed by the 2014 Public Participation Plan with no comments received; and

WHEREAS, the Technical Policy Committee (TPC) has recommended that the Northwestern Indiana Regional Planning Commission make these changes to the FY 2018-2021 Transportation Improvement Program.

NOW, THEREFORE, BE IT RESOLVED that the Northwestern Indiana Regional Planning Commission hereby amends the FY 2018-2021 Transportation 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 Commission this twenty­ first day of September, 2017.

Michael W. Griffin Chairperson

ATTEST:

Diane Noll Secretary

47

48

DES Sponsor Project Description/Location TIP Action Fund

Type

NHPP

Phase Year Total Cost Federal Non-Federal

Add Phase

1383633 INDOT SR 2 Intersection Improvements at Hayes-

Leonard Road.

Non- Interstate

RW 2018 $

300,000 $

240,000 $

60,000

Located about 1.98 miles SW of US 30 in unincorporated Porter County. CN in 2019. Cost to complete: $1.6 million.

CN in 2022. Cost to Complete: $325,000.

CN in 2022. Cost to Complete: $220,000.

CN in 2022. Cost to Complete: $325,000.

CN in 2022. Cost to Complete: $325,000.

1701310 INDOT

I 94, Small Structure Pipe Lining, 0.70mi E of US 421

Add New Phase

NHPP

Interstate

PE 2019 $ 13,300 $ 11,970 $ 1,330

CN in 2022. Cost to Complete: $150,000.

1701466 INDOT

I 65, Small Structure Pipe Lining, 0.28mi NE of US 30 NB

Add New Phase

NHPP

Interstate

PE 2019 $ 67,000 $ 60,300 $ 6,700

CN in 2022. Cost to Complete: $275,000.

CN in 2022. Cost to Complete: $275,000.

49

50

DES Sponsor Project Description/Location TIP Action Fund

Type

Phase Year Total Cost Federal Non-Federal

Cost to Complete: $124,000.

Cost to Complete:$1.05 million. Unincorporated Lake County.

Cost to Complete:$1.05 million. Unincorporated Lake County.

Cost to Complete:$1.05 million. Unincorporated Lake County.

Cost to Complete:$1.05 million. Unincorporated Lake County.

Cost to Complete:$1.75 million. City of Hobart, Lake County.

Cost to Complete:$0.5 million. City of Portage, Porter County.

Cost to Complete:$0.9 million. Unincorporated LaPorte County.

DES Sponsor Project Description/Location TIP Action Fund

Type

Phase Year Total Cost Federal Non-Federal

Cost to Complete:$2.5 million. Unincorporated Lake County.

Cost to Complete:$12.5 million. Length: 3.25 miles. Unincorporated Lake County.

Cost to Complete:$6.9 million. Length: 5.4 miles. Unincorporated LaPorte County.

Edwin Simcox Overpass in downtown LaPorte, LaPorte County.

Located on I-80/94 between IN/IL State Line and Calumet Ave Interchange (Hammond, Lake County)

Located on I-80/94 between IN/IL State Line and Calumet Ave Interchange (Hammond, Lake County)

DES Sponsor Project Description/Location TIP Action Fund

Type

Phase Year Total Cost Federal Non-Federal

Located at I-65/I-80/94 interchange in Gary, Lake County

1592735 INDOT

Surface Treatment, Thin HMA Overlay, SR 2, From N Jct of US 231 to 0.74 mi N of N Jct of US 231

Add New Phase STP CN 2018 $ 322,000 $ 257,600 $ 64,400

Located within the Town of Hebron, Porter County.

1592910 INDOT

Surface Treatment, Thin HMA Overlay, SR 8, From US 231 to 0.54mi E of US 231

Add New Phase STP CN 2018 $ 172,608 $ 138,086 $ 34,522

Located within the Town of Hebron, Porter County.

Located within the Town of Merrilliville, Lake County.

1592715 INDOT

Surface Treatment, Thin HMA Overlay, US 231, From 0.78mi S of N Jct of SR 2 (Hebron Corp Limit) to Tower Crossing

Add New Phase NHPP CN 2018 $ 569,700 $ 455,760 $ 113,940

Located within the Town of Hebron, Porter County.

Located on I-80/94 between IN/IL State Line and Calumet Ave Interchange (Hammond, Lake County)

Located on I-80/94 between IN/IL State Line and Calumet Ave Interchange (Hammond, Lake County)

Located about 0.5 miles East of the Burr St interchange in Gary, Lake County

Located on I-80/94 between the Grant St and SR 53 interchanges in Gary, Lake County

DES Sponsor Project Description/Location TIP Action Fund

Type

Phase Year Total Cost Federal Non-Federal

Located on I-94 about 1.5 miles East of US 20 interchange in Town of Porter, Porter County

Located on I-94 about 1.5 miles East of US 20 interchange in Town of Porter, Porter County

Located at I-65/I-80/94 interchange in Gary, Lake County

Located on I-80/94 at the Kennedy Ave interchange in Hammond, Lake County

Located on I-80/94 at the Cline Ave (SR 912) interchange in Hammond/Gary, Lake County

Located on I-80/94 West of the Indianapolis Blvd interchange in Hammond, Lake County

Located on I-80/94 West of the Indianapolis Blvd interchange in Hammond, Lake County

Located on I-80/94 at the Kennedy Ave interchange in Hammond, Lake County

DES Sponsor Project Description/Location TIP Action Fund

Type

Phase Year Total Cost Federal Non-Federal

Located at I-65/I-80/94 interchange in Gary, Lake County

Length: 3.07 miles. Located within the Cities of Hobart (Lake County) and Portage (Porter County).

Located in the City of Hobart, Lake County.

Located in the City of Hobart, Lake County.

Located in the City of Hobart, Lake County.

Length: About 12 miles. Located in Lake (4.9 miles), Newton, & Jasper Counties.

Located in downtown Michigan City (LaPorte County).

Located in downtown Michigan City (LaPorte County).

DES Sponsor Project Description/Location TIP Action Fund

Type

Phase Year Total Cost Federal Non-Federal

Located within the City of Hammond (Lake County) about 1.59 miles West of SR 912.

Located 0.25 miles North of (Relinquished) SR 312 on Gary/Hammond Corp Limit (Lake County).

Abandoned Roadway is (Relinquished) SR 312 on Gary/Hammond Corp Limit (Lake County).

This bridge is part of the SR 912 interchange at Arcelor Mittal Steel and the East Chicago Casino & Marina (Lake County).

Located West of the Town of Lowell (Lake County).

Located at the Calumet Ave interchange on I-80/94 in Hammond (Lake County).

Located at the Calumet Ave interchange on I-80/94 in Hammond (Lake County).

Located in the Town of Burns Harbor (Porter County).

DES Sponsor Project Description/Location TIP Action Fund

Type

Phase Year Total Cost Federal Non-Federal

Located in the City of East Chicago (Lake County).

Located in the Town of Porter (Porter County).

Located in unincorporated LaPorte County about 0.75 miles West of the St Joseph County line.