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6100 Southport Road

Portage, Indiana 46368

(219) 763-6060

www.nirpc.org


NORTHWESTERN INDIANA REGIONAL PLANNING COMMISSION FULL COMMISSION MEETING

Thursday, May 21, 2020, 9:00 A.M. Join Zoom Meeting:

https://zoom.us/j/92765479136?pwd=UGhxLzNLekUydGF1UDZJekNSVk9Bdz09


Annotated Agenda


1.0 Call to Order and Pledge of Allegiance - Michael Griffin


2.0 New Appointments to the Commission - Attorney Dave Hollenbeck


3.0 Roll Call - Candice Eklund


4.0 Public Comment on Current Agenda Items


5.0 Approval of the Minutes of the January 16, 2020 Full Commission Board Meeting (pp. 1-4)

ACTION REQUESTED: Approval


    1. Report of the Chair - Michael Griffin

    2. Executive Board vacancy (p. 5)


7.0 Report of the Executive Director - Ty Warner


    1. Emergency Status of the Shoreline and Erosion Issues

    2. Transmittal Letter to Governor Holcomb – (pp. 6-7)

    3. Sense of the Commission Resolution - (pp. 8-11)

INFORMATIONAL (No Action Required)


9.0

Finance 9.1

and Personnel Committee - Richard Hardaway

Brownfield Coalition Assessment Contract (pp. 14-30)

ACTION REQUESTED: Approval

9.2

Procurement Recommendation #20-08 (p. 31)

ACTION REQUESTED: Approval

9.3

Resolution #20-05 - Title VI Program (p. 32)

Title VI Program draft document available separately

ACTION REQUESTED: Approval

    1. Economic Development Administration FY 2020 - Resolution #20-09 (p. 33-34)

      ACTION REQUESTED: Approval

    2. Air Quality Public Education Contract with South Shore Clean Cities SFY 2021 (pp. 35-43)

ACTION REQUESTED: Approval

    1. Technical Planning Committee - Kevin Breitzke

    2. Living Streets Presentation (pp. 47-52)

      INFORMATIONAL: (No Action Required)

    3. Public Comment Report on Conformity Planning - (p. 53)

    4. Resolution #20-10 Conformity Planning - (pp. 54-76)

      ACTION REQUESTED: Approval

    5. Public Comment Report on NWI 2050 Plan Amendment #1 (pp. 77-78)


    6. Resolution #20-13 NWI 2050 Plan Amendment#1 (pp. 79-81)

      ACTION REQUESTED: Approval

    7. Public Comment Report on the FY 2020-2024 Transportation Improvement Program (TIP) Amendment #5 (pp. 82-83)

    8. Resolution #20-11 FY 2020-2024 TIP Amendment #5 (pp. 84-126)

      ACTION REQUESTED: Approval

    9. Public Comment Report on FY 2020-2024 Transportation Improvement Program Amendment #6 (pp. 82-83)

10.9 Resolution #20-12 FY 2020-2024 TIP Amendment #6 (pp. 127-134)

ACTION REQUESTED: Approval

10.10 Public Comment Report on the FY 2020-2024 Transportation Improvement Program Amendment #7 (pp. 82-83)

10.11 Resolution #20-14 FY 2020-2024 TIP Amendment #7 (pp. 135-138)

ACTION REQUESTED: Approval

10.12 Resolution #20-15 2021-2022 Unified Planning Work Program (p. 139) Unified Planning Work Program available separately

ACTION REQUESTED: Approval


11.0 INDOT, Matt Deitchley, La Porte District Deputy Commissioner


12.0 Other Business


13.0 Announcements


14.0 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 January 16, 2020 Minutes


Call to Order

Chairperson, Diane Noll, called the meeting to order at 9:06 a.m. with the Pledge of Allegiance. The meeting was streamed live on YouTube.


Roll call was taken by Candice Eklund.


Present

The 33 Commissioners present included Janet Beck (Pottawattomie Park), Geof Benson (Beverly Shores), Kevin Breitzke (Porter County Surveyor), Charlie Brown (Lake County Council), Mary Brown (Gary), Bill Carroll (Lake Station), Robert Carnahan (Cedar Lake), Anthony Copeland (East Chicago), Joshleen Denham (Trail Creek), Tom Dermody (La Porte), Daina Dumbrys (Michiana Shores), Will Farrellbegg (Lowell), Michael Griffin (Highland), Richard Hardaway (Merrillville), Eric Hull (Burns Harbor), Jack Jeralds (Schneider), Tim Jones (Kouts), Justin Kiel (La Crosse), Sue Lynch (Portage), Tom McDermott (Hammond), Lori Mercer (Westville), Wendy Mis (Munster), Edward Morales (Porter Township Trust), Diane Noll (Wanatah), David Peeler (Hebron), Tom Schmitt (Schererville), Brian Snedecor (Hobart), Greg Stinson (Porter), Gerald Swets (St. John), Sharon Szwedo (New Chicago), Mary Tanis (Dyer), Jim Ton (Chesterton), and George Topoll (Union Township). Also present was Matt Deitchley representing INDOT.


Absent

The 18 Commissioners absent included Kyle Allen (Lake County Commissioner), David Anderson (Winfield), Jeanette Bapst (Dune Acres), Jim Biggs (Porter County Commissioner), Bill Emerson (Lake County Surveyor), Tony Hendricks (LaPorte County Surveyor), Andrew Kyres (Crown Point), Jeff Larson (Porter County Council), Sheila Matias (LaPorte County Commissioner), Robert Lemay (Long Beach), Matt Murphy (Valparaiso), Mark Ritter (Kingsbury), Michael Rosenbaum (LaPorte County Council), Rick Ryfa (Griffith), Carolyn Saxton (Ogden Dunes), Gene Simmons (Michigan City), Ed Soliday (Governor Appointee), and Joe Stahura (Whiting).


Kingsford Heights and The Pines have appointed no representatives to NIRPC.


Guests in Attendance

Guests present included Chris Salatas (Senator Todd Young), Bryan Blazak, Adam Parkhouse, Lauri Keagle (South Shore Clean Cities), Ray Dumbrys, Deb Backhus, Adrian Vera, and Christopher Murphy.


Staff in Attendance

Staff present included Ty Warner, Kathy Luther, Charles Bradsky, Scott Weber, Eman Ibrahim, Mitch Barloga, Peter Kimball, Kevin Polette, Lisa Todd, Talaya Jones, Flor Baum, Candice Eklund and attorney Dave Hollenbeck.


Public Comment

There were no public comments.


New appointments

Dave Hollenbeck announced the appointments to the Commission of Councilwoman Janet Beck (Pottawattomie Park), Mayor Bill Carroll (Lake Station), Mayor Tom Dermody (City of LaPorte), Councilwoman Daina Dumbrys (Michiana Shores), Councilman Eric Hull (Burns Harbor), Mayor Sue Lynch (Portage), Councilman David Peeler (Hebron), and Councilwoman Mary Tanis (Dyer).

Self-introductions were made by the Commissioners and NIRPC staff. Diane Noll thanked the Commissioners for their help and support while she served as Chair of the Commission this past year.

Presentation of Norman E. Tufford Award - Ty Warner

Ty Warner presented the Norman Tufford Award “for exceptional dedication and service to NIRPC” to Geof Benson, Town Councilman from Beverly Shores. Benson has served as a NIRPC Commissioner since 2008, and served as President of the National Association of Regional Councils, where he is extremely active on the national level. Geof thanked the committee and said the award meant a lot to him.


2019 NIRPC Annual Report – Ty Warner

Ty Warner presented NIRPC’s 2019 Annual Report in a new, graphically-designed format, and thanked NIRPC staff for their contributions. The report, highlighting NIRPC’s activities over the past year, is available online at www.nirpc.org.


2019 Commissioners with Perfect Attendance - Ty Warner

Mr. Warner presented perfect attendance awards to Geof Benson, George Topoll, and Justin Kiel for attending all Full Commission and Executive Board meetings in 2019. With the appointment of several new commissioners, Ty also discussed the difference in meeting formats for an Executive Board and the Full Commission.


Minutes

The minutes of the December 12, 2019 Full Commission meeting were approved on a motion by Greg Stinson and second by Robert Carnahan.


Officers & Executive Board for 2020 - Diane Noll

Diane Noll said the nominating committee met to develop the slate for the 2020 officers and Executive Board, and presented that slate to the Commission.


Elected as Chair for 2020 was Michael Griffin, Town of Highland. George Topoll, Union Township Trustee was elected Vice-Chair. Justin Kiel, Town Council President of La Crosse, was elected as Secretary, and Richard Hardaway, Councilman from Merrillville, was elected Treasurer.


Members elected to the Executive Board included Councilman Will Farrellbegg (Lowell) and Mayor Tom McDermott (Hammond), representing Lake County; County Commissioner Sheila Matias and Mayor Tom Dermody (LaPorte), representing LaPorte County; and Councilman James Ton (Chesterton) and Councilman Greg Stinson (Porter), representing Porter County.


With no further indication otherwise, State Representative Ed Soliday (Indiana House of Representatives, 4th District) continues as the Governor’s Appointee to the Commission. Diane Noll, Clerk-Treasurer of Wanatah, now serves as Immediate Past President. On motion by Geof Benson and a second by George Topoll, the Commission voted to adopt the 2020 slate as presented.


Diane Noll turned the gavel over to newly-elected Chairman, Michael Griffin, Clerk-Treasurer of the Town of Highland. Mr. Griffin previously served in this capacity in 2017. Ty Warner presented the gavel Plaque to Diane Noll for past chairmanship and expressed his appreciation for her dedication last year.


Finance & Personnel Committee – Justin Kiel

Justin Kiel reported the Finance & Personnel (F & P) Committee met this morning to review the reconciliation of the claims register and stated there were three actions for consideration today.


Justin Kiel said the Executive Director Contract amendment comes with a favorable recommendation from the F & P Committee. On motion by Geof Benson and a second by Jim Ton, the Full Commission voted to adopt the Executive Director Contract - 2020 Addendum.

Justin Kiel said the budget amendment was recommended by the F & P Committee. On motion by Tom McDermott and a second by Greg Stinson, the Full Commission voted to approve the Budget Amendment for 2020 Budget.


Justin Kiel said the FTA Procurement Manual Update comes with a favorable recommendation from the F & P Committee. Ty Warner added this update brings the FTA manual, previously adopted in 2012, to reflect the NIRPC policy previously adopted and meets other new requirements. On motion by Kevin Breitzke and a second by Bob Carnahan, the Full Commission voted to approve the FTA Procurement Manual Update, NIRPC Resolution #20-01.


Environmental Management Policy Committee (EMPC) - Kathy Luther

EMPC Chair Bill Emerson was not present due to a conflict with the Kankakee River Basin and Yellow River Basin Development Commission meeting. Kathy Luther reported EMPC met on January 9, 2020. The Environmental Protection Agency presented on their sub-area environmental response plan due to spills that occurred in Lake Michigan recently. The next stakeholders meeting for emergency responders is scheduled on February 4, 2020 in Michigan City at City Hall.


At the end of last year, the EMPC was charged with investigating issues for vehicle emissions testing. A working group was established and the first event scheduled by the working group is an education event scheduled on February 7, 2020 at NIRPC.


CommuniTree applications are due February 21. Applications are available on NIRPC’s website.


Mayor Tom McDermott inquired if the EMPC Committee has been discussing the jeopardy of high water levels on Lake Michigan in their meetings. Geof Benson noted a letter had been submitted to Indiana’s Governor requesting aid for this issue. A response was received from FEMA on January 15, stating it was a local issue that would need to be resolved by each community. Ty Warner added a resolution had been passed by this Commission early last year in support of funding for an erosion study.


Michael Griffin stated there is a force when NIRPC acts as the Body of Northwest Indiana as they are tasked by state laws to be engaged in Transportation, Environment, and Economic Development as a Council of Governments. Charlie Brown informed the Commissioners that the legislative body in Indianapolis is taking action on this matter now and this needs an immediate response from NIRPC.


On a motion by Charlie Brown and second by Kevin Breitzke, the Full Commission authorized a task force group to be formed to compose a Sense of the Commission letter, to be sent on behalf of the Commission, in an effort to address the emergency status of the shoreline and erosion issues.


The Commissioner’s assigned to the task force were Michael Griffin, Geof Benson, Sue Lynch, Tom McDermott, and Greg Stinson. Mr. Griffin will draft the letter and send it to Ty Warner to forward to the task force for comment.


Technical Planning Committee - Kevin Breitzke

The Technical Planning Committee (TPC) met on January 4, 2020. Kevin Breitzke stated there were three actions for consideration today.


Scott Weber presented on Resolution 20-03. The resolution is requesting a vote for NIRPC to amend the NWI 2050 Plan as a technical amendment. On motion by Jim Ton and a second by George Topoll, the Full Commission voted to approve Resolution 20-03 - NWI 2050 Plan Technical Amendment #1.


Scott Weber also presented on Resolution 20-04, a technical amendment to update the federally required safety performance measure targets in the FY 2020-2024 Transportation Improvement

Program (TIP). On motion by Geof Benson and a second by Will Farrellbegg, the Full Commission voted to approve Resolution 20-04 - Transportation Improvement Program Technical Amendment #1.


Charles Bradsky presented on the one Public Comment received during the public comment period for the draft changes to the 2020-2024 TIP. The comment was a request to increase the capacity of the roadways for two state roads. The comment was responded to and forwarded to INDOT. Chales presented on Resolution 20-02, Amendment #3 to the FY 2020-2024 TIP for 29 added projects in the region. On motion by George Topoll and a second by Brian Snedecor, the Full Commission voted to approve Resolution 20-02, FY 2020-2024 Transportation Improvement Program, Amendment #3.


Charles Bradsky briefed the Commission on the emergency amendment that was approved by Ty Warner between January 6-9, 2020. The five projects in question were already in the TIP, but the design phases had not been included. The inter-agency consultation group consisting of INDOT, FHWA, EPA, IDEM, and FTA approved the emergency amendment.


INDOT – Matt Deitchley

Matt Deitchley introduced himself to the newly appointed Commissioners and said he is available after the meeting to discuss any questions or concerns they may have. Matt introduced Adam Parkhouse, newly appointed Media Relations Director with the LaPorte District, as an additional contact within INDOT. There will be significant construction on I-94, I-65 and State Route 2 highways in the near future.


Announcements

Geof Benson noted for the newly appointed Commissioners that they should be receiving an email from Michael Griffin regarding the committees they want to serve on at NIRPC.


Robert Carnahan distributed a listing showing population by county from the 2010 census. Robert provided a brief video on the United States 2020 Census and reminded the Commissioners of the census beginning April 1, 2020.


Geof Benson introduced Chris Salatas, District Representative for Senator Todd Young, stating he may be a helpful resource in discussing the emergency response needed in NWI.


Adjournment

Hearing no other business, Diane Noll adjourned the meeting at 10:21 a.m. The Executive Board will meet on March 19, 2020 at 9:00 a.m. at NIRPC.


A digital MP3 of this meeting is filed. Contact nirpc@nirpc.org should you wish to receive a copy of it. Barring technical issues, the livestream video recording of this meeting is available on NIRPC’s YouTube channel at https://www.youtube.com/user/NIRPCPlanning.

Northwestern Indiana Regional Planning Commission Report of the Nominating Committee (ad hoc)


In consequence of the vacancy on the Executive Board caused by the resignation of Will Ferrellbegg of the Town of Lowell, the Chair appointed the officers of NIRPC to be a nominating committee ad hoc.


IC 36-7-7.6-10(b) reads: “If a vacancy occurs in a position on the executive board …. a successor shall be elected from the members in the same manner in as the member whose position has been vacated.”


Pursuant to the foregoing, the Nominating Committee Ad Hoc convened on Friday, May 8, 2020 by way of Zoom electronic platform at 10:30 a.m. After due deiliberation, the nominating committee ad hoc submits to the members of the commission the following person for their consideration and favor to fill the vacancy for the unexpired term on the executive board:


Mary Tanis

Town of Dyer, County of Lake


Presented and filed on Friday, May 8, 2020, by the Nominating Committee

Ad Hoc.


Michael W. Griffin, Chair

Clerk-Treasurer, Town of Highland


Justin Keil, Secretary Councilor, Town of La Crosse


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NORTHWESTERN

INDIANA

REGIONAL PLANNING COMMISSION


Tuesday, February 25, 2020 Eric Holcomb

Governor

State of Indiana The State House

200 W. Washington Street, Room 206

Indianapolis, Indiana 46204


6100 Southport Road

Portage, Indiana 46368

(219) 763-6060

www.nirpc.org


Re: Sense of the Commission Resolution from the Northwestern Indiana Regional Planning Commission, communicating the Sense of the Commission Regarding Needs for Action on Lakeshore Erosion


Dear Gov. Holcomb:


Hello. I hope this missive arrives to find you well.


I am writing this letter in order to transmit to you the Northwestern Indiana Regional Planning Commission (NIRPC) sense of the commission resolution. It was being prepared for your attention even while you were gathering information first-hand about the Lake Michigan shoreline exigency regarding high water levels and the consequential shoreline erosion.


Your recent Executive Order did address many of the actions that this sense of the commission resolution urges. Thank you. Thank you very much for that. The leadership and commissioners of NIRPC are sincere in our appreciation of your attention to the shoreline crisis and for taking the steps you have so far.


However, the enclosed sense of the commission resolution remains important to transmit to you as it also calls for an emergency declaration, which your recent executive order left as unsettled business. Such a declaration is an essential element to addressing this exigency. As you know, such a declaration is a necessary predicate to the deployment of Federal FEMA resources.


As you further apprehend, the enormity of the challenges and needed remedies for the Northwest Indiana shoreline erosion and highwater levels, exceed any of the local resources that any single or several cities or towns could marshal. The public financial resources that have been conferred upon local governments under Indiana law, were not designed fullyto address an exigency of the magnitude of Lake Michigan's high water level and consequential unusually damaging erosion as beingexperienced by Northwest Indiana. This is especially so for the 12 municipalities that border the Lake Michigan shoreline in Lake, Porter and LaPorte Counties.


While the twelve municipalities experience the challenge most keenly, all 46 NIRPC member governments share the benefits of the Lake Shore. As a council of governments, the bounty


of any member government is a shared one just as its burden is too. So, we speak with one voice, evinced inthe enclosed instrument to appeal to you to take the added step of offering the emergency declaration that situation insists upon.


Please receive the enclosed Sense of the Commission Resolution sent under the authority of NIRPC for your consideration and favor. It is our hope that you will favor the sentiments expressed in this resolution, and be moved to carry out its requested steps, some of which you have set in motion with your recent executive order. Finally, we hope that thesentiments of the Resolution have sufficient compelling appeal that you will be moved to make the emergency disaster declaration for the area in order to trigger the added resources for a remedy.


Sincerely, _

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YV\_ ,J. . -

Michael W. Griffin, IAMC/MMC/CPFA/CPFIM/CMO Chair

Northwestern Indiana Regional Plan Commission Enclosure: Sense of Commission Resolution


NORTHWESTERN INDIANA REGIONAL PLANNING COMMISSION

Resolution No 2020-07

A RESOLUTION ARTICULATING THE "SENSE OF THE COMMISSION" AS A METROPOLITAN PLANNING ORGANIZATION AND A COUNCIL OF GOVERNMENTS REGARDING THE EXIGENT SITUATION FOR LAKE SHORE COMMUNITIES AND THE EMERGENCY of LAKESHORE EROSION.


WHEREAS, The Northwestern Indiana Regional Planning Commission, as the Metropolitan Planning Organization and Council of Governments for the Region, from time to time, encounters issues of public import and moment which invite an expression from the elected representatives as part of the public discourse on the matter;

WHEREAS, Article 1, Section 31 of the Indiana Constitution provides that no law shall restrain any of the inhabitants of the State from assembling together in a peaceable manner, to consult for their common good, nor from instructing their representatives, nor from applying to the General Assembly for redress of grievances;

WHEREAS, The Northwestern Indiana Regional Planning Commission is comprised of 53 different officials, 22 from Lake County, 14 from Porter County, 16 from LaPorte County, and a member of the Indiana House, appointed by the Governor;

WHEREAS, The Northwestern Indiana Regional Planning Commission offers professional planning and a forum for the forty-three governments, and three counties under its aegis to exhibit the triumph of regionalism over provincialism, these officials and governments share burdens and bounties in order to make the region a better place to live, work and play;

WHEREAS, The Northwestern Indiana Regional Planning Commission, notes that while 12 municipalities in fact have shoreline on their borders, all forty-one cities and towns, two townships and three counties are impacted by the health and resilience of the beaches and shoreline of Lake Michigan, because all are coastal communities;

WHEREAS, The Northwestern Indiana Regional Planning Commission, further notes that Communities along the shores of Lake Michigan are experiencing record-breaking high water levels that are damaging infrastructure, destroying property, and impacting tourism - a sector of the economy shared with the State of Indiana;


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WHEREAS, The Northwestern Indiana Regional Planning Commission, still further notes that owing to a lack of shelf ice to protect the shore and projections for lake levels to rise as much as another twelve inches, there remains a great likelihood of highly unfavorable conditions that could quickly become much worse;


WHEREAS, The Northwestern Indiana Regional Planning Commission, still further reckons that the impacts of high lake levels and coastal erosion are slow-rolling, but highly consequential, noting already the acute concerns exhibited by private as well as public sector actors with investments along the Lake Michigan Shoreline, who witness historic structures, beachfront amenities, and public infrastructure are destroyed due to an inability to marshal sufficient resources for their protection;


WHEREAS, The Northwestern Indiana Regional Planning Commission, still further reckons that Lakeshore erosion is not a static challenge, but rather an evolving one of a perniciotJS nature to wit:



WHEREAS The Northwestern Indiana Regional Planning Commission by and through its elected officers and members wishes to offer a distinct, public expression on the great public import of this matter,

NOW, THEREFORE BE IT RESOLVED by the Northwestern Indiana Regional Planning Commission, that the sense of the Commission is as follows:

Section 1. It is the sense of the Commission that Governor Holcomb should without undue delay investigate and exercise all his lawful emergency powers and executive authority by declaring a public emergency to address the issue of Lakeshore erosion and its deleterious consequences;

Section 2. It is the sense of the Commission that Governor Holcomb should investigate and exercise all his lawful emergency powers and executive authority by authorizing INDOT or the Indiana National Guard to employ its resources to transport materials to impacted sites in collaboration with local authorities;

Section 3. It is the sense of the Commission that Governor Holcomb should investigate and exercise all his lawful emergency powers and executive authority by directing the proper state agencies and departments to work with the appropriate Federal partners to bring the necessary resources to the affected or impacted communities;

Section 4. It is the sense of the Commission that Governor Holcomb should gather and exercise all his lawful emergency powers and executive authority by urging the appropriate state leadership from both the executive and legislative branches to evaluate and adopt the necessary measures to protect threatened resources, to prepare for the prospect of enduring threat from high lake levels and to equip and guide long-term solutions to prevent loss from future lake level incidents;


Section 5. That the proper officer of the Commission be hereby further instructed to transmit and forward this resolution to Governor Holcomb, and such other persons as may be deemed to have an interest in this matter and to encourage the Governor and such other persons with an

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interest in this matter to carry out the objects and purposes of this "Sense of the Commission Resolution".


Approved and Recommended by the Lake Michigan Ad Hoc Task Force authorized by the Commission at its Meeting of January 18, 2020.

ADOPTED this 181h day of February 2020, by the Northwestern Indiana Regional Planning Commission.


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Michael W. Griffin, Chairman


Attest:


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NORTHWESTERN INDIANA REGIONAL PLANNING COMMISSION

FINANCE AND PERSONNEL COMMITTEE

February 20, 2020

NIRPC Dune Room, Portage, Indiana


Members Present Staff and Others Present

Richard Hardaway - Chair David Hollenbeck

Justin Kiel Kathy Luther

George Topoll Talaya Jones

Bob Carnahan Meredith Stilwell

Lisa Todd . Stephanie Kuziela Ty Warner


Call to Order

Richard Hardaway called the meeting to order at 8:33 am with the Pledge of Allegiance.


Approval of Minutes

The minutes of the January 16, 2020 meeting were approved as presented on motion by Bob Carnahan and second by George Topoll.


Review of Financial Status – January 2020

Talaya Jones presented the January 2020 bank reconciliations for the NIRPC general account and the Revolving Loan Fund (RLF) account. The general account beginning balance from 1/1/2020 was

$1,619,634.84 and ending balance for 1/31/2020 was $1,566,148.23. The RLF account beginning balance from 1/1/2020 was $113,012.37 and ending balance for 1/31/2020 was $116,979.62.


Talaya presented the financial status report for January 2020. As of January 31, 2020, $111,471 in salaries and $52,500 in fringe benefits was expended, as well as $4,741 in maintenance, $12,197 in departmental and $11,810 in contractual. Talaya noted that communications: transportation was over budget due to a software renewal and communications: allocation functions was over budget due to the purchase of a staff development training program subscription. Talaya also referenced the transit capital fund expenditure of $1,682,521 which was for the purchase of four buses for East Chicago.


Talaya presented the year to date January 31, 2020 expended by category chart. 52% of the expended budget was salaries and 24% fringe benefits.


Talaya presented the year to date January 2020 budget vs. actual revenue chart. There is currently not a lot of activity due to the December 2019 closing and quarterly reports. More activity will transpire in February


Preliminary Report of Financial Status as of December 31, 2019

Talaya Jones presented the December 2019 bank reconciliations for the NIRPC general account and the Revolving Loan Fund (RLF) account. The general account beginning balance from 12/31/2019 was $1,381,858.57 and ending balance for 12/31/2019 was $1,631,510.76. The RLF account beginning balance from 12/1/2019 was $172,941.59 and ending balance for 12/31/2019 was

$113,012.37. $65,000 was expended from the RLF account for a loan to Bare Bones Gastro Pub.

Talaya presented the preliminary financial status report for December 31, 2019. All categories were under 2019 budgeted figures. It was noted that contractual: environmental projects was under budget by a large amount due to getting contracts late. The money will be spent in 2020. Final figures will be presented to the Committee at the March 19, 2020 meeting.


Talaya presented the preliminary year to date December 31, 2019 expended by category chart. 49% of the expended budget was salaries and 19% fringe benefits.


Talaya presented the preliminary year to date December 31, 2019 budget vs. actual revenue chart. Revenue for 2019 was budgeted at $3,421,335 with $2,733,567 collected. 58% of revenue was from State agencies and 20% from County appropriations. Talaya noted the Federal agency revenue was under the budgeted revenue amount due to the Brownfield grant to being fully executed.


Approval of Claims Register – January 2020

Talaya presented the January 2020 claims register totaling $197,264.80 to the Committee for approval. After discussion regarding a $4,200.00 payment to ESRI, Inc for a one-year GIS license agreement, on motion by George Topoll and second by Justin Kiel, the Committee approved the claims register.


Personnel updates

Meredith Stilwell introduced Stephanie Kuziela, NIRPC’s newly hired Accountant, to the Committee. There are currently two open positions which NIRPC is looking to fill. Accounts Payable and Programming and Grant Assistant. Due to the more pressing need for the Accounts Payable position to be filled, the Programming and Grant Assistant position will be addressed after that need is met.


Other Business

Bob Carnahan displayed a Times Insert that featured NIRPC Commission Justin Kiel and also included an article written by Sheila Mattias.


Adjournment

There being no further business the meeting was adjourned.

AGREEMENT FOR PROFESSIONAL SERVICES


THIS AGREEMENT, entered into this 19th day of March, 2020 by and between the Northwestern Indiana Regional Planning Commission (hereinafter called “NIRPC”) and SME (hereinafter called “Company”), is executed pursuant to the terms and conditions set forth herein.


WHEREAS, NIRPC desires to engage the Company to render certain technical and professional services described herein in connection with a project that will utilize federal funds from the United States Environmental Protection Agency (USEPA) under the USEPA 2019 Cooperative Agreement No. BF-00E02718-0.


WHEREAS, NIRPC is required to acquire the services of a Qualified Environmental Professional(s) as defined in 40 CFR Section 312.10 to coordinate, direct, and oversee the brownfield site assessment activities at a given site, if it does not have such a professional on staff, and


WHEREAS, the Company has extensive experience, knowledge, and expertise related to these Services; and


WHEREAS, the Company has expressed willingness to furnish the Services in connection therein.


NOW, THEREFORE, the parties hereto mutually agree as follows:


ARTICLE I.


    1. EMPLOYMENT OF THE COMPANY. NIRPC hereby agrees to engage the Company and the Company hereby agrees to perform the services set forth under the Scope of Services in Exhibit A.


    2. TERM OF AGREEMENT. The term of this Agreement shall be effective as of the date of its execution and shall remain in effect through September 30, 2022, or until the project has concluded.


    3. SCOPE OF SERVICES. NIRPC will be the primary point of contact for this project and will monitor and assess progress towards the work plan. All work products generated as a result of this contract will be provided to NIRPC. NIRPC will make them available to USEPA, IDEM, and Coalition member organizations. The Company shall perform in a professional manner, and carry out all of the work tasks necessary to complete the scope or work and deliverables described in Exhibit A.


    4. BUDGET & PAYMENT. Company shall invoice NIRPC for services performed outlined in Exhibit A with a not to exceed amount of $499,800. The approved Budget and rates are set forth in Exhibit B. SME shall have the right to amend or adjust said fee schedules through written notice to the NIRPC no more than once per calendar year during the term of this Agreement. A claim form, as prescribed by the Indiana State Board of Accounts, must be signed and mailed with each invoice. All invoices shall be mailed or emailed to NIRPC:


      Attention: Accounts Payable 6100 Southport

      Portage, IN 46368


      NIRPC will make payment within 30 days so long as all required reports are received in a timely manner. No Payments will be made for site specific assessment or clean-up planning activities that occurs before a signed Notice to Proceed for the site is issued by NIRPC .


    5. MODIFICATIONS OF AGREEMENT. NIRPC may require changes in the services to be performed. No changes to the services outlined under this Agreement shall be made without written notification to NIRPC and without NIRPC’s written concurrence. All changes must be agreed to in writing by NIRPC.


ARTICLE II. GENERAL PROVISIONS


    1. ACCESS TO RECORDS. The Company and its subcontractors shall maintain all books, documents, papers, accounting records, and other evidence pertaining to the cost incurred which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts and transcriptions. The Company and its subcontractors 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 for inspection by NIRPC, USEPA, or any other authorized representative of the federal and state government and copies thereof shall be furnished at no cost if requested.

    2. AMERICANS WITH DISABILITIES ACT. Pursuant to federal regulations promulgated under the authority of the Americans With Disabilities Act, 28 CFR § 35.101 et seq., the company understands and agrees that it shall not cause any individual with a disability to be excluded from participation in the contract or from activities provided for under the contract on the basis of the disability. As a condition of accepting the contract, the consultant agrees to comply with the "general prohibitions against discrimination," 28 CFR §35.130, and all other regulations promulgated under Title II of the Americans with Disabilities Act which are applicable to all benefits, services, programs, and activities provided by NIRPC. The company shall be responsible for and agrees to indemnify and hold harmless NIRPC from all losses, damages, expenses, claims, demands, suits, and actions brought by any party against NIRPC as a result of the consultant's failure to comply with the provisions of subparagraph an above.


    3. ASSIGNABILITY. The Company binds its successors and assignees to all the terms and conditions of this Agreement. Except as otherwise specifically provided herein, the Company shall not assign sell, sublet, transfer, subcontract, or otherwise dispose any interest in the whole or any part of this Agreement without NIRPC’s prior written consent.


    4. CERTIFICATION OF NO INVESTMENT IN IRAN. As required by IC 5-22-16.5, the Company certifies that the Company is not engaged in investment activities in Iran. Providing false certification may result in the consequences listed in IC 5-22-16.5-14, including termination of this Contract and denial of future state contracts, as well as imposition of a civil penalty. Attached hereto and made a part of this contract as Exhibit C, the Company has executed the Employment Eligibility Verification statement required by IC 5- 22-16.5.


    5. CIVIL RIGHTS. The Company shall agree with the following in connection with this Agreement:

      1. Nondiscrimination in USEPA Programs. The Company agrees to comply with the provisions of 49 U.S.C. 5332, which prohibits discrimination on the basis of race, color, creed, national origin, sex, or age, and prohibits discrimination in employment of business opportunity.

      2. Nondiscrimination – Title VI of the Civil Rights Act. The Company agrees to comply with, and assure compliance by each third party contractor at any tier and such subrecipient at any tier under the Programs, with all requirements prohibiting discrimination on the basis of race, color, or national origin of Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000d, and U.S. DOT regulations, “Nondiscrimination in Federally-Assisted Programs of the Department of Transportation – Effectuation of Title VI of the Civil Rights Act,” 40 CFR, Part 21, and any implementing requirements USEPA may issue. Specifically, the Company will assist NIRPC in providing meaningful access to limited English proficiency (LEP) individuals.

      3. Equal Employment Opportunity. The Company agrees to comply with, and assures the compliance of each third party contractor at any tier and such subrecipient at any tier, with all requirements of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000e, and 59 U.S.C. 5332 and any implementing requirements USEPA may issue. Those equal employment opportunity (EEO) requirements include, but are not limited to, the following:

        1. General Requirements. The Company agrees that it will not discriminate against any employee or applicant for employment because of race, color, creed, sex, disability, age, or national origin. The Company agrees to take affirmative action to ensure that applicants are employed and that employees are treated during employment, without regard to their race, color, creed, sex, disability, age, or national origin. Such action shall include, but not be limited to, employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Company also agrees to comply with any implementing requirements USEPA may issue.

      4. Disadvantaged Business Enterprise. This contract is subject to the requirements of Title 40, CFR Part 33 Participation by Disadvantaged Business Enterprises in United States Environmental Protection Agency Programs. The Company agrees to comply with the contract administration provisions of 40 CFR Section 33.302. The Company will assist NIRPC in fulfilling reporting requirements according to 40 CFR Subpart E and meeting the Fair Share Objectives/Goals in 40 CFR Part 33 Subpart D as negotiated by the Indiana Department of Environmental Management (IDEM) as follows:

        1. Minority-Owned Business Enterprise (MBE): 5%

        2. Women-Owned Business Enterprise (WBE): 7%

      5. Nondiscrimination of the Basis of Sex. To the extent feasible, the Company agrees to comply with Title IX of the Education Amendments of 1972, as amended, 20

        U.S.C. 1681, 1683, and 1685 through 1687, which prohibit discrimination on the basis of sex, and any Federal requirements that may be promulgated.

      6. Nondiscrimination on the Basis of Age. The Company agrees to comply with the applicable requirements of the Age Discrimination Act of 1975, as amended, 42

        U.S.C. 6101 through 6107, and implementing regulations, which prohibit discrimination on the basis of age.

      7. Nondiscrimination for persons with disabilities. The Company agrees to comply with the applicable requirements of Section 504 of the Rehabilitation Act of 1973, as implemented by Executive Orders 11914 and 11250, which prohibits discrimination against persons with disabilities by entities receiving Federal financial assistance.

      8. Other Nondiscrimination Statutes. The Company agrees to comply with any other nondiscrimination statute(s) that may apply to the Program.


    6. CLEAN AIR. The Company agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. §§ 7401 et seq. The Company agrees to report each violation to NIRPC and understands and agrees that NIRPC will, in turn, report each violation as required to assure notification to the appropriate USEPA Regional Office.


    7. CLEAN WATER. The Company agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33

      U.S.C. 1251 et seq. the Company agrees to report each violation to NIRPC and understands and agrees that NIRPC will, in turn, report each violation as required to assure notification to the appropriate USEPA Regional Office.


    8. CONFLICT OF INTEREST. The Company acknowledges that they (or it and its directors, officers, employees and agents), may potentially be deemed to be a “public servant" as defined by Indiana Code § 35-31.5-2-261. Company hereby represents and certifies that it may enter into this agreement under Indiana Code § 35-44-1 and, to the extent applicable, will execute and file with the NIRPC and the appropriate bodies a Uniform Conflict of Interest Disclosure Statement, prior to the NIRPC’s approval of this Agreement.


    9. DEBARMENT AND SUSPENSION. This contract is a covered transaction for purposes of 49 CFR Part 29. As such, the Company is required to verify that none of the owners, its principals, as defined at 49 CFR 29.995, or affiliates, as defined at 49 CFR 29.905, are excluded or disqualified as defined at 49 CFR 29.940 and 29.945. The Company is required to comply with 49 CFR 29, Subpart C and must include the requirement to comply with 49 CFR 29, Subpart C in any lower tier covered transaction it enters into. The Company 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 Company.


    10. DRUG-FREE WORKPLACE. The Company hereby agrees to take a good faith effort to provide and maintain a drug-free workplace. The Company will give written notice to NIRPC within ten (10) days after receiving actual notice that the Company or an employee of the Company within the State of Indiana has been convicted of a criminal drug violation occurring in the workplace.


    11. E-VERIFY UTILIZATION. The Company confirms compliance with IC 22-5-1.7 and in so doing verifies enrollment in the federal E-Verify Program establishing eligibility status of all newly hired employees. Attached hereto and made a part of this contract as Exhibit D, the Company has executed the Employment Eligibility Verification statement required by IC 22- 5-1.7-3.


    12. ENERGY CONSERVATION. The Company agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act.


    13. ENTIRE AGREEMENT. This Agreement sets forth the entire agreement and understanding between the Parties as to the subject matter hereof, and merges and supersedes all prior discussions, agreements, and understanding of any and every nature between them.


    14. FEDERAL CHANGES. The Company shall at all times comply with all applicable USEPA regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Cooperative Agreement between NIRPC and USEPA, as they may be amended or promulgated from time to time during the term of this contract. The Company’s failure to so comply shall constitute a material breach of this contract.


    15. 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 in accordance with Section 2.31.


    16. INCORPORATION OF USEPA GENERAL TERMS AND CONDITIONS. The preceding provisions include, in part, certain General Terms and Conditions required by USEPA, whether or not expressly set forth in the preceding contract provisions. All contractual provisions required by USEPA, as set forth in the USEPA General Terms and Conditions Effective October 1, 2019, are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all USEPA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Agreement. The Company shall not perform any act, fail to perform any act, or refuse to comply with any NIRPC requests which would cause NIRPC to be in violation of the USEPA terms and conditions.


    17. INCORPORATION OF FEDERALLY REQUIRED CLAUSES AND REQUIREMENTS. The Company is responsible for ensuring its compliance with all applicable USEPA and other federal requirements. Additionally, the Company is responsible for ensuring that subcontractors, at as many tiers of the Project as required, perform in accordance with the terms, conditions and specifications of the contract, including all applicable USEPA requirements. Upon request of NIRPC or USEPA, Company shall provide evidence of the steps it has taken to ensure its compliance with the EPA requirements, as well as evidence of the steps it has taken to ensure subcontractor performance, and/or submit evidence of subcontractor’s compliance, at all tiers.


    18. INDEPENDENT ENTITY; WORKER’S COMPENSATION INSURANCE. Both parties hereto, in the performance of this Contract, shall act in an individual capacity and not as agents, employees, partners, joint ventures or associates of one another. The employees or agents of one party shall not be deemed or construed to be the employees or agents of the other party for any purposes whatsoever. 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. The Company shall be responsible for providing all necessary unemployment and workers’ compensation insurance for the Company’s employees.


    19. INSURANCE. The Company shall secure and keep in force during the term of this Agreement, the following insurance coverages, covering the Company for any and all claims of any nature which may in any manner arise out of or result from this Agreement:

      1. Commercial general liability, including contractual coverage, and products or completed operations coverage, if applicable, with minimum liability limits of

        $700,000 per person and $5,000,000 per occurrence unless additional coverage is required by statute;

      2. Prior to commencement date of the Services provided herein, the Company shall provide proof of such insurance coverage naming NIRPC as a co-insured by tendering to the NIRPC a certificate of insurance prior to the commencement of this Agreement;

      3. The insurance coverage required under this Agreement shall include a provision that the policy and endorsements may not be cancelled or modified without prior written notice to NIRPC.


    20. LAWS TO BE OBSERVED. The Company shall make itself familiar with and at all times will observe and comply with all Federal, State and Local laws and ordinances and regulations which, in any manner, govern or affect the conduct of the work. All services shall conform to the requirements and be eligible for funding under the USEPA and the Indiana Department of Environmental Management (IDEM) and an approved Quality Assurance Project Plan

      (QAPP), and in accordance with applicable federal laws, rules, and regulations including CERCLA Section 104(k) and 2 CFR Part 200, applicable state laws, rules and regulations, and standards of practices as outlined in the Cooperative Agreement.


    21. LIABILITY OF THE PARTIES. The Company shall indemnify and save harmless NIRPC, its officers, officials, and employees, Coalition members Northwest Indiana Regional Development Authority and Northwest Indiana Forum Foundation, the USEPA and IDEM against claims, actions, causes of actions, judgments, and liens arising out of the Company’s negligent performance under this Agreement.


    22. LICENSING STANDARDS. The Company and its employees and subcontractors shall comply with all applicable licensing standards, certification standards, accrediting standards and any other laws, rules or regulations governing services to be provided by the Company pursuant to this Contract. NIRPC shall not be required to pay the Company any services performed when the Company, its employees or subcontractors are not in compliance with such applicable standards, laws, rules or regulations. If licensure, certification or accreditation expires or is revoked, or if disciplinary action is taken against the applicable licensure, certification or accreditation, the Company shall notify NIRPC immediately and NIRPC, at its option, may immediately terminate this Contract.


    23. NO OBLIGATION BY THE FEDERAL GOVERNMENT. NIRPC and the Company acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying contract, absent the express written consent by the Federal Government, the Federal Government is not a party to this contract and shall not be subject to any obligations or liabilities to NIRPC, the Company , or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying contract.


      The Company agrees to include the above clause in each subcontract financed in whole or in part with Federal assistance. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions.


    24. NON-COLLUSION AND ACCEPTANCE. The undersigned attests, subject to the penalties for perjury, that he/she is the Company, or that he/she is the properly authorized representative, agent, member or officer of the Company, that he/she has not, nor has any other member, employee, representative, agent or officer of the Company, directly or indirectly, to the best of the undersigned's knowledge, entered into or offered to enter into any combination, collusion or agreement to receive or pay, and that he/she has not received or paid, any sum of money or other consideration for the execution of this Agreement other than that which appears upon the fact of this Agreement.

    25. NOTICE TO PARTIES. Whenever any notice, statement or other communication is required under this Contract, it shall be sent via email and hard copy to the following addresses, unless otherwise specifically advised.


      Notices to NIRPC shall be sent to:

      Ms. Kathy Luther, Chief of Staff 6100 Southport

      Portage, IN 46368 kluther@nirpc.org


      Notices to the Company shall be sent to:

      Mr. Robert Walker 5835 W. 74th Street Indianapolis, IN 46278


    26. PREVAILING WAGE REQUIREMENTS. Although assessment activities generally do not involve construction, alteration, and repair within the meaning of the Davis-Bacon Act, The Company will assist NIRPC in notifying the USEPA Project Officer if there are unique circumstances such as the removal of an underground storage tank or another structure and restoration of the site where the Davis-Bacon Act(40 U.S.C. 3141-3144, and 3146- 3148) and associated U.S. Department of Labor regulations for all construction, alteration, and repair contacts and subcontracts awarded with funds provided under this agreement by operation of CERCLA Section 104(g). Then USEPA will provide guidance on compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”).


    27. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS.

      1. The Company acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. § 3801 et seq. apply to its actions pertaining to this Project. Upon execution of the underlying contract, the Company certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying contract or the federally assisted project for which this contract work is being performed. In addition to other penalties that may be applicable, the Company further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the Company to the extent the Federal Government deems appropriate.


      2. The Company also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal

      Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded, the Government reserves the right to impose penalties on the Company, to the extent the Federal Government deems appropriate.


    28. RECYCLED PRODUCTS. The Company agrees to comply with all the requirements of Section 6002 of the Resource Conservation and Recovery Act (RCRA), as amended (42 U.S.C. 6962), including but not limited to the regulatory provisions of 40 CFR Part 247, and Executive Order 12873, as they apply to the procurement of the items designated in Subpart B of 40 CFR Part 247.


    29. REMEDIES. Time and performance are of essence in this Agreement. If the Company breeches any of the obligations herein, NIRPC may terminate this Agreement with 48 hours written notice. Such notice will render this Agreement null and void. In the event NIRPC terminates this agreement and elects to enforce its terms, the Company shall pay all costs and expenses incurred by NIRPC in such proceedings, including reasonable attorney’s fees.


    30. RESTRICTIONS AGAINST LOBBYING. The Company agrees to comply with the requirements of Title 40 CFR Part 34 “New Restrictions on Lobbying” and Title 2 CFR Part 200 Appendix II “Contract Provisions for Non-Federal Entity Contracts under Federal Awards” and specifically, that:

      1. No federal appropriated funds have been paid or will be paid, by or on behalf of the Company, 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.


    31. TERMINATION FOR CONVENIENCE. NIRPC, by written notice, may terminate this contract, in whole or in part, when it is in NIRPC’s interest. If this contract is terminated, NIRPC shall be liable only for payment under the payment provisions of this contract for services rendered before the effective date of termination.

    32. TERMINATION FOR DEFAULT. If the Company fails to deliver supplies or to perform the services within the time specified in this contract or any extension or if the Company fails to comply with any other provisions of this contract, NIRPC may terminate this contract for default. NIRPC shall terminate by delivering to the Company a Notice of Termination that specifies the nature of the default. The Company will only be paid the contract price for supplies delivered and accepted, or services performed in accordance with the manner or performance set forth in this contract. If, after termination for failure to fulfill contract obligations, it is determined that the Company was not in default, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of NIRPC.


IN WITNESS WHEREOF, the Parties hereto, through their duly authorized representatives, have caused this Agreement to be executed as of the day and year first written above. The parties have read and understand the foregoing terms of this Agreement and do, by their respective signatures hereby agree to its terms.


Robert C. Rabeler, PE, Senior Vice President

Robert C. Rabeler, PE, Senior Vice President

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Northwestern Indiana Regional Planning Commission

SME



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Ty Warner, Executive Director


ATTEST:

Daniel R. Cassidy, CPG Vice President


Kathy Luther, Chief of Staff


EXHIBIT A: SCOPE OF WORK


Work to be Performed:

NIRPC and the Coalition members have identified 4 Tasks to be conducted for this project. Task 1 – Programmatic and Outreach:

    1. Program Management

    2. Community Outreach Task 2 – Inventory

Task 3 – Site Assessment Task 4 – Clean Up Planning


The Company is assigned responsibilities within each Task as outlined below:


TASK 1 – PROGRAMMATIC AND OUTREACH:


    1. Programmatic: NIRPC will be primarily responsible for overall program management, compliance and reporting. The RDA (Coalition Member) will be assist with Coalition coordination and communication throughout the project. The Company will provide professional services to support NIRPC in performance of the programmatic activities needed to develop and implement organizational and operational programs, policies, and procedures for successful achievement of the USEPA Brownfields Coalition Assessment grant goals and objectives, including:


      • Adhering to the technical, administrative, accounting, and reporting requirements for USEPA assessment grants.

      • Update the Assessment, Cleanup, and Redevelopment Exchange System (ACRES) as sites are assessed. ACRES will subsequently be updated with cleanup and/or redevelopment information as appropriate during and/or after the 3-year performance period.

      • Assisting in the preparation and submission of quarterly reports, annual, and final reports as required by the USEPA, MBE/WBE Utilization reports as requested, etc.

      • Efficiently managing any subcontractors for technical, budget and schedule performance for environmental consulting services or deliverables not performed by Company staff in- house.

      • Regular project team meetings or teleconferences with NIRPC and Greater NWI Regional Brownfields Coalition working group members.

    2. Outreach: NIRPC will be the lead and work with other Coalition Members to

      coordinate and conduct community and stakeholder meetings and other community outreach activities (press releases, postings on Coalition Members and community websites and social media, additional meetings in target areas). The Company will assist with the following activities

      • Participate in project “kick-off” meeting with local economic development organizations and commercial realtors hosted by the NWI Forum Foundation (Coalition Member) targeted for spring 2020.


        Attend or provide technical review of community outreach activities and materials including notifying the impacted residents about assessments at priority and other sites as needed.


        The Contractual Budget for Task 1 is $18,800 ($14,100 Haz Substances/$4,700 Petroleum)



        Activity

        Deliverable

        Schedule

        Coalition Coordination

        Bi-Monthly Coordination calls and/or meetings

        March 2020 – September 2022

        Quarterly Reporting

        Contribute to 10 Quarterly Reports in ACRES

        July 2020

        - September 2022

        Kick Off Stakeholder Meeting/Workshop

        1 Participation, technical support, and training materials at Spring 2020 Workshop with Local Economic Development Organizations

        April-May 2020

        Outreach and Education Materials

        Provide support and technical review in the development of standard presentations and outreach materials for LEDOs, Realtors, Municipal Officials, and General Public.

        April 2020 – July 2020 for original development.

        Participate in Public Meetings or workshops pertaining to specific assessment or cleanup planning projects

        Presentation for at least one meeting of the NIRPC Environmental Management and Policy Committee and one NWIFF Board Meeting.

        April 2020 through

        September 2022


        TASK 2 – INVENTORY:


        NIRPC will be the lead to maintain and update regional maps and databases of known assessed sites and refine proximity risk maps for unassessed parcels.


        Coalition Member NWIFF will take the lead on engaging community partners to prioritize selection of additional sites for assessment based on the following:

        • Sites identified as an imminent threat to public health or the environment;

        • High-opportunity brownfields that will help the Coalition achieve its brownfields program goals; and

        • Brownfields identified as high priority by communities served by Coalition Members.


          Activities for the Company include:

      • Provide technical support to NWIFF with regards to site selection/prioritization and eligibility.

      • Ensure that all sites assessed are entered into ACRES and the Brownfield Inventory Tool


        Activity

        Deliverable

        Schedule

        Enter all sites assessed under this grant into ACRES and Brownfield Inventory Tool.

        ACRES project sites up to date at the time of each quarterly report.

        April 2020 – September 2022

        Technical support for site selection, eligibility, and prioritization

        Spring and Summer 2020


        TASK 3: SITE ASSESSMENT


        SME will be the lead on this task with oversite from NIRPC. Coalition member organizations will work with community partners and property owners to obtain site access agreements for non- publicly owned properties. Site Access scheduling will be coordinated with SME. The Coalition and SME will hold regularly scheduled monthly conference calls to ensure timely progress in obtaining site access, individual projects are progressing, and the overall site project schedules are met.


        Activities to be performed include:

        • Participate in a Pre-Quality Assurance Project Plan (QAPP) meeting with the USEPA Project Manager,

        • Prepare QAPP, submit to US EPA for approval according to required process and timelines.

        • Evaluate Coalition Priority sites (as well as additional sites identified during the performance period) for eligibility and draft eligibility determination documents for submission d to US EPA (or Indiana Brownfield Program for Petroleum sites) conduct Phase I Environmental Site Assessments (ESAs), performed using the ASTM E1527-13 standard in order to comply with the USEPA All Appropriate Inquiries (AAI) rule. All ESA shall be performed by a qualified environmental professional as defined in ASTM E1527-13.

        • Prepare Sampling and Analysis Plans (SAPs) and Health and Safety Plans (HASPs).

        • Conduct Phase II ESAs, including Initial Site Characterizations (ISC)/Further Site Investigations (FSI) that are compliant with the Indiana Department of Environmental Management (IDEM) Remediation Closure Guide (RCG) or other IDEM guidelines as applicable.

        • Conduct asbestos-containing material, lead-based paint surveys, and geophysical surveys, as applicable.

        • Delineate the scope and extent of any contamination in a thorough but cost-effective manner on a site-specific basis.

        • Incorporate green remediation strategies where feasible for the disposal of investigation derived wastes (see Attachment A).

        • Coordinate all ESA activity with NIRPC, municipalities, USEPA, and IDEM as needed.

        • Work with NIRPC to execute an efficient Notice to Proceed process to ensure that all sites have an eligibility concurrence and a site access agreement prior to initiating assessment activities.


          The total budget for Task 3 is $442,500 ($333,500 Haz Substance/$109,000 Petroleum).



          Activity

          Deliverable

          Schedule

          Eligibility Investigations

          30 Eligibility Documents

          April 2020 – July 2022

          Phase I Assessments

          20 Phase I ESAs

          April 2020 –

          September 2022

          Quality Assurance Project Plan

          EPA Approved QAPP

          April 2020-

          Assessment Planning

          10 SAP and HASPs

          April 2020 –

          September 2022

          Phase II and Hazardous Materials Assessments

          8 Phase II ESAs

          10 Haz Material Assessments

          April 2020 - September 2022.

          TASK 4: CLEANUP PLANNING


          SME will lead this task and will conduct cleanup/ redevelopment planning as required by various state of Indiana clean-up programs such as Indiana Brownfields Program or Indiana Voluntary Remediation Program as preferred by redevelopment partners or end users.


          Activities may include the following:

        • Conducting cost-effective and efficient cleanup and remediation planning activities, as necessary, for priority sites.

        • Incorporating green remediation strategies into cleanup planning where feasible.

        • Collaborating with the NIRPC Regional Brownfields Coalition and other appropriate partners to develop an approach to reuse planning activities.

        • Developing Cleanup and Reuse planning documents as per applicable IDEM guidelines, which may include Remedial Action Plans (RAPs), Analysis of Brownfield Cleanup Alternatives (ABCAs), obtaining Site Status Letters and/or Comfort letters, No Further Action letters, Environmental Restrictive Covenants, etc. Reuse plans may be requested by the working group and may be site-specific plans or area-wide plans as appropriate. Reuse planning activities to initiate brownfields revitalization may include the following: Site Reuse Assessment, Land Use Assessment, Market Study, Infrastructure Evaluation, Site Disposition Strategy. Planning activities to prepare brownfields sites for redevelopment may include: Site Reuse Vision, Revitalization Plan, Resource Roadmap, or Evaluation of Market Viability.

        • Conducting insurance archeology to identify the presence of liability insurance coverage for priority sites.


          Task 4 has a total budget of $ 36,000 ($30,000 Haz Substance/$6,000 Petroleum)



          Activity

          Deliverable

          Schedule

          Clean-up and Reuse Planning

          10 Clean-Up and Reuse Plans

          May 2020-Sept. 2022

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          Exhibit B


          FEE SCHEDULE – PERSONNEL AND EXPENSES

          PERSONNEL

          Technician I .............................................................................................................. Per Hour 60.00

          Technician II ............................................................................................................. Per Hour 72.00

          Technician III ............................................................................................................ Per Hour 82.00

          Technician IV ........................................................................................................... Per Hour 95.00

          Laboratory Technician.............................................................................................. Per Hour 100.00

          Certified Welding Inspector (CWI) ........................................................................... Per Hour 105.00


          Field Engineer/Geologist/Specialist, Survey Technician ......................................... Per Hour 100.00

          Staff Engineer/Geologist/Architect/Specialist........................................................... Per Hour 110.00

          Senior Staff Engineer/Geologist/Architect/Specialist, Surveyor............................... Per Hour 120.00

          Project Engineer/Geologist/Architect/Consultant .................................................... Per Hour 135.00

          Civil Designer, Licensed Surveyor ........................................................................... Per Hour 135.00

          Senior Project Engineer/Geologist/Architect/Consultant ........................................ Per Hour 160.00

          Project Manager, Senior Civil Designer, Senior Licensed Surveyor ....................... Per Hour 160.00

          Senior Consultant, Senior Project Manager............................................................. Per Hour 195.00

          Certified Professional (Ohio VAP), Certified Industrial Hygienist............................. Per Hour 195.00

          Principal Consultant, Chief Consultant, Project Director ......................................... Per Hour 235.00


          Drafter ...................................................................................................................... Per Hour 80.00

          CADD Operator ........................................................................................................ Per Hour 90.00

          Senior CADD Operator ............................................................................................ Per Hour 110.00

          Log Processor .......................................................................................................... Per Hour 85.00

          Administrative Assistant ........................................................................................... Per Hour 75.00

          Senior Administrative Assistant ............................................................................... Per Hour 90.00


          Minimum 4 Hours Per Day for field work.


          Overtime rate (Applies to all field work in excess of 8 hours per day, before 8:00 am or after 5:00 pm Monday through Friday or anytime Saturday, Sunday, or Holiday) ................................ Standard Rate x 1.5


          Expert Testimony and Depositions (including preparation time) ..................... Rates available upon request


          TRANSPORTATION AND EXPENSES

          Vehicle Mileage Charge ........................................................................................... Per Mile 0.80

          Out-of-town Expenses (Airfare, Lodging, Subsistence, etc.) ................................................... At Cost + 20%

          Subcontract Expenses, Equipment Rental .............................................................................. At Cost + 20%

          Direct Expenses (Prints, Permits, Maps, etc.) ......................................................................... At Cost + 20%

          Hard Copies of Report ............................................................................................. Per Copy 75.00

          Plotting 24 x 36 (Black & White) .............................................................................. Each 10.00

          Plotting 24 x 36 (Color) ............................................................................................ Each 20.00


          Other Services including Drilling, Equipment use, and Laboratory Testing ........ See Appropriate Fee Schedule



          © 2019 SME FS:0 (01/19) 1

          30

          Procurement Recommendations March 19, 2020


          New SouthShore Connect Buses – Procurement #20-08

      • This project on behalf of the City of Valparaiso for two (2) new SouthShore Connect buses.

      • Paid with Federal Transit Administration funds (80%) out of grant IN-2019- 029 and local share coming from the above listed agencies.

      • Recommendation to approve purchase of new vehicles not to exceed

$149,500.00 in federal funds.


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6100 Southport Road

Portage, Indiana 46368

(219) 763-6060

www.nirpc.org


RESOLUTION 20-05


A RESOLUTION OF THE NORTHWESTERN INDIANA REGIONAL PLANNING COMMISSION AUTHORIZING AND ADOPTING THE TITLE VI PROGRAM OF THE U.S. DEPARTMENT OF TRANSPORTATION UNDER PROVISION OF FTA CIRCULAR 4702.1b


WHEREAS, the U.S. Department of Transportation requires recipients of federal funding to comply with policies and regulations related to Title VI of the Civil Rights Act of 1964, as amended; and


WHEREAS, the Commission is a Direct Recipient of federal funding and is required to develop a Title VI Program and to report Title VI compliance to the Federal Transit Administration for the activities in which it is a Direct Recipient; and


WHEREAS, Title VI non-discrimination laws require that appropriate access to services and activities be provided by federal agencies and recipients of federal assistance to ensure that individuals are not excluded from participation in, denied benefits of, or otherwise subjected to discrimination under any program or activity receiving federal financial assistance on the basis of race, color, national origin, age, sex, disability, religion, or language,


NOW, THEREFORE, BE IT RESOLVED that the Northwestern Indiana Regional Planning Commission approves and submits the 2020 Title VI Program to the Federal Transit Administration and/or U.S. Department of Transportation pertaining to Title VI of the Civil Rights Act of 1964, on behalf of the Northwestern Indiana Regional Planning Commission.


DULY ADOPTED by the Northwestern Indiana Regional Planning Commission on this nineteenth day of March, 2020.



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Michael Griffin Chair


ATTEST:



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Justin Kiel Secretary

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RESOLUTION 20-09


A RESOLUTION AUTHORIZING THE SUBMITTAL OF THE ECONOMIC DEVELOPMENT ADMINISTRATION FY 2020 PARTNERSHIP PLANNING GRANT APPLICATION TO ADMINISTER THE ECONOMIC DEVELOPMENT DISTRICT


WHEREAS, the Northwestern Indiana Regional Planning Commission (NIRPC), hereafter referred to as “the Commission”, is the regional Council of Local Governments (COG) and the designated Metropolitan Planning Organization (MPO) for Lake, Porter and LaPorte County area; and


WHEREAS, NIRPC has been designated by the U.S. Economic Development Administration (EDA), a bureau of the U.S. Department of Commerce, as an Economic Development District (EDD) on August 23, 2019, that makes the counties of Lake, Porter, and LaPorte in Northwest Indiana eligible to receive certain types of federal funding for regional and local economic development efforts; and


WHEREAS, the EDD designation is consistent with NIRPC’s charge within its state enabling legislation to institute and maintain a comprehensive planning and programming process for: (1) transportation, (2) economic development, and (3) environmental policy, and provide a coordinative management process for Lake, Porter, and LaPorte counties (Indiana Code 36-7-7.6); and


WHEREAS, EDA supports Partnership Planning investments to facilitate the development,

implementation, revision, or replacement of Comprehensive Economic Development

Strategies (CEDS), which articulate and prioritize the strategic economic goals of

recipients’ respective regions; and


WHEREAS, NIRPC has applied for an Economic Development Administration Partnership

Planning grant for up to $70,000 (Seventy Thousand dollars) in federal funds to assist

with the Economic Development District scope of work;


NOW THEREFORE BE IT RESOLVED, that the Northwestern Indiana Regional Planning

Commission board authorizes the NIRPC Executive Director:


1. To apply for and administer the Economic Development Administration grant

award;

2. To sign related documents on behalf of the organization; and

3. To commit up to $70,000 (Seventy Thousand dollars) in local matching funds.


BE IT FURTHER RESOLVED, that the Commission will make the local match funds available as needed and affirms that the funds are not encumbered in any way that would preclude its use consistent with the requirements of the EDA Investment Assistance.


Duly adopted by the Northwestern Indiana Regional Planning Commission this 21st day of May 2020.


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Michael Griffin Chairperson


ATTEST:


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Justin Kiel Secretary

AGREEMENT BETWEEN THE NORTHWESTERN INDIANA REGIONAL PLANNING COMMISSION AND SOUTH SHORE CLEAN CITIES, INC., FOR THE PROVISION OF

PROFESSIONAL EDUCATION AND TRAINING SERVICES SERVICES JULY 1, 2020 – DECEMBER 31, 2021


WHEREAS, the South Shore Clean Cities submitted a request to fund a Congestion Mitigation and Air Quality air quality education program targeting the general public and fleet operators; and


WHEREAS, the activity was selected for funding through NIRPC’s 2018 Transportation Improvement Program project selection process; and


WHEREAS, NIRPC has agreed to act as the project sponsor for purposes of contracting with the Indiana Department of Transportation; and


WHEREAS, the project was found eligible by the Interagency CMAQ Eligibility Committee; and


WHEREAS, South Shore Clean Cities has demonstrated that it possesses the capability and expertise to provide these services in a timely manner; and


WHEREAS, the total dollars allocated for this Public Private Partnership activity within 2021- 2022 Unified Planning Work Program Air Quality Public Education Work Plan are $ 450,000 of which $ 360,000 is federal funding to be allocated as follows: NIRPC $ 11,700 and SSCC

$ 438,300. South Shore Clean Cities will be reimbursed 80% of their allocated total not to exceed $ 350,640.


WHEREAS, the entire Air Quality Public Education project has been included in and approved by the Commission in the TIP;


NOW, THEREFORE, IT IS HEREBY AGREED AND UNDERSTOOD that the parties to this Agreement do mutually agree as follows:


  1. Scope of Work: South Shore Clean Cities shall perform the services and provide the products to the satisfaction of the Commission as described in the scope of work (Attachment A to this Agreement) which is hereby made a part of this Agreement. The Commission requires prior approval of the procurement and use of any Sub-Contractors for this agreement and a copy of the executed agreement between the Contractor and Sub-Contractor.


  2. Schedule: All work described in Attachment A shall be conducted within the time frame beginning July 1, 2020 and shall be completed in total no later than December 31, 2021.


  3. Compensation: The maximum total amount, which may be paid to the Contractor for services performed in conjunction with this Agreement, is not to exceed $ 350,640 with contractor to document payment of an additional $ 87,660 toward activities in Attachment

    1. Total of $ 438,300 In documented services must be performed to receive the full reimbursement of $350,640.


  4. Payment Provisions: The Commission shall reimburse the Contractor for services rendered in Attachment A upon submission and review by the Commission of claim

    vouchers for work accomplished during designated period on a quarterly basis in accordance with the following procedures:


    1. The Contractor shall submit invoices with progress reports to the Commission no less than quarterly and no more than monthly.

    2. The Contractor shall attach supporting documentation of time charges and copies of receipts for all other types of charges to its invoice. The Contractor shall attach copies of invoices with similar supporting documentation from pre-approved Subcontractors utilized in conjunction with this Agreement.

    3. The Contractor shall include documentation of payment of expenses included in the 20% non-federal reimbursable dollars toward work reported in the Monthly Invoice Activity Report Summary.


  5. The Invoice shall be accompanied by a documentation of activities included in the Activity Report Summary portion of the invoice for which reimbursement is being claimed. Quarterly/Monthly Invoices are due on the dates specified in Attachment A. Otherwise the Contractor will wait till the next quarter/month for payment. The Contractor may be required to provide documentation of Non-Federally reimbursed expenses included as match similar to reimbursed expense.


    1. Following its approval of the invoice and related materials submitted the Commission shall make payment. Payment will be made within thirty days after said approval, unless issues arise with South Shore Clean Cities and or NIRPC which has the effect of delaying the Commission’s receipt of funds.


    2. All invoices shall be mailed to:


      Talaya Jones –Chief Financial Officer

      Northwestern Indiana Regional Planning Commission 6100 Southport Road

      Portage, IN 46368


  6. Modifications: This agreement shall not be modified except in writing, signed by both parties to this agreement. The parties agree that the Commission may modify ATTACHMENT A – SCOPE OF SERVICES by adding, deleting, or modifying tasks, subtasks, and schedules or the content or quantity of products to be produced by the Contractor to the extent that such modifications have no upward or downward adjustment in the total cost of this agreement. Any adjustment in total cost for the services described in this agreement shall be negotiated between the Commission and the Contractor, shall be in writing, signed by both parties, and appended to this agreement.


  7. Independent Contractor: Nothing in this agreement shall be construed as creating an employer/employee relationship between the Commission and the Contractor. The Contractor understands and agrees that any and all tax liability that might be assessed on fees paid by the Commission to the Contractor is its sole responsibility.


  8. Insurance: The Contractor agrees to maintain comprehensive insurance including, but not limited to, Federal, State, or Local employers’ liability, workers’ compensation, social security unemployment compensation, comprehensive general liability insurance and automobile liability insurance with respect to its own employees in amounts customarily

    maintained in its industry and agrees that any liability arising out of the services rendered hereunder shall not be limited to the Contractor insurance coverage.


  9. Indemnity: The Contractor shall defend, indemnify, protect and hold harmless the Commission, its officers, directors, employees, and independent contractors from any and all liability occasioned wholly or in part by any negligent act, failure to exercise the care customary in the profession, or errors or omission of the Contractor; including liability resulting from willful or intentional violation by the Contractor of proprietary rights, copyrights, or rights of privacy, arising out of the publication, translation, quotation, reproduction, delivery, use, performance, or disposition of data furnished by the Contractor, its independent contractors, agents or employees; including any and all expenses, legal or otherwise, incurred by the Commission in defense of any claim or suit arising out of services provided under this agreement.


  10. Delays: The Contractor shall perform its services with due diligence upon receipt of a written notice to proceed from the Commission. Neither party shall be responsible for delays nor failure in performance due to causes beyond the reasonable control of either party. The Contractor will notify the Commission immediately of any event that will delay deliverables and provide the Commission with a written notice thereof specifying the reasons for the delay and actions planned to compensate for the delay in performance. The Commission will not unreasonably withhold an extension to the term of this agreement.


  11. Termination: This agreement may be terminated, in whole, or in part, if the Commission shall determine that such termination is in its best interests. Upon receipt of written notice of termination from the Commission, thirty (30) days thereafter, the Contractor shall discontinue performance and refrain from incurring further costs unless otherwise directed; and within thirty (30) days deliver to the Commission all data, graphics, summaries, reports, and other information and materials the Contractor has accumulated in the performance of services under the agreement, whether completed or in process.


    If termination is for convenience, the Contractor shall be compensated for all services performed and reasonable costs incurred up to the effective date of termination subject to the elements of Compensation and Terms of Payment reference in other sections of this agreement.


  12. Access to records: The Contractor hereby agrees to submit to the Commission, such annual or special financial and operating reports as the Commission may reasonably request. The Contractor also agrees to make available for the inspection, by any duly authorized agent of the Commission, any records, documents, leases, operation and use agreements and other instruments which affect the Operator and are pertinent to the project funded, in part, through this Agreement.


    The Contractor also agrees to permit the Commission, the Indiana State Board of Accounts, U.S. Secretary of Transportation, and the Comptroller General of the United States, or their authorized representatives, to inspect all work, materials, payrolls, and other data, and to audit the books, records, and accounts of the Contractor pertaining to the project funded, in part, through this Agreement.

  13. Covenant Against Contingent Fees: The Contractor warrants that it has not:


      • Employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm or person to solicit or secure this agreement, other than a bono fide employee of the firm;

      • Agreed, as an expressed or implied condition for obtaining this agreement, to employ or retain the services of any firm or person in connection with carrying out the agreement; or

      • Paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee of the firm) any fee, contribution, donation, or consideration of any kind for, or in connection with, procuring or carrying out the agreement.


  14. Successors and Assigns: This agreement shall be binding upon the Contractor and the Commission, their successors and assigns. The Contractor shall not assign, subcontract, transfer, or otherwise dispose of any interest in this agreement without the prior written approval of the Commission.


  15. Confidentiality and Data Rights: The Contractor agrees to treat as confidential all proprietary or confidential information provided by the Commission and not divulge such information to their parties, or the Contractor’s employees except on a “need to know” basis.


  16. Severability: Should any provision of this agreement at any time, be in conflict with any statute, administrative ruling, or regulation, or be unenforceable for any reason, then the provision shall continue in effect only to the extent that it remains valid. If any provision of this agreement becomes unenforceable, the remaining provisions of this agreement shall nevertheless remain in full force and effect.


  17. Waiver and Interpretation: The failure of the Commission or the Contractor to insist upon strict adherence to any term of this agreement at any time shall not be considered a waiver. Any waiver of any term of this agreement must be in writing and signed by both parties. The Commission’s determination as to the true meaning and intent of any ambiguities in the agreement shall be final and conclusive.


  18. Civil Rights: The Contractor agrees that it will not discriminate against any employee or applicant for employment on the basis of race, color, creed, sex, disability, age, or national origin. The Contractor agrees to take affirmative action to ensure that applicants are employed and that employees are treated during employment, without regard to their race, color, creed, sex, disability, age or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation; and selection for training, including apprenticeship.


  19. No Federal Obligations to Third Parties: Absent the federal government’s express written consent, the federal government shall not be subject to any obligations or liabilities to any sub-recipient, third party contractor, or any other person not a party to the grant agreement in connection with the performance of activities for the project. Notwithstanding, any concurrence provided by the federal government in or approval of any solicitation, sub- agreement, or third-party contract, the federal government continues to have no obligation or liabilities to any party, including the sub-recipient and third-party contractor.

  20. Applicability of federal requirements: The Contractor agrees that it will abide by and fulfill all requirements of the federal government that are applicable to this agreement.


  21. Authorized Representatives: The Commission’s authorized, administrative representative for these services is Ms. Daria Sztaba Chief Financial Officer. The authorized technical project manager is Ms. Katherine Luther, Chief of Staff and Environmental Director.


    All notices required or permitted under this agreement shall be in writing and shall be deemed sufficiently served by first class mail addressed:


    TO: TO:


    Northwestern Indiana Regional South Shore Clean Cities, Inc. Planning Commission 10115 Ravenwood Dr. Suite B

    6100 Southport Road St. John, IN 46373

    Portage, Indiana 46368 (219) 644-3690

    (219) 763-6060 clisek@southshorecleancities.org luther@nirpc.org


  22. Applicable Law: This agreement shall be governed by and construed in accordance with the laws of the State of Indiana.


  23. Entire Agreement: This agreement and all attachments hereto, together with any documents incorporated by reference, constitute the entire agreement between the parties. The Contractor hereby certifies that it shall comply with all provisions of this agreement. This agreement supersedes all other written or verbal agreements between the Commission and the Contractor with respect to the matters covered herein.


IN WITNESS WHEREOF, the duly authorized officers of the respective parties hereto have executed the Agreement as of this day of 2020.



South Shore Clean Cities, Inc. NORTHWESTERN INDIANA REGIONAL

PLANNING COMMISSION



BY: BY:

Carl Lisek, Executive Director Tyson Warner, Executive Director ATTEST:


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Kathy Luther Chief of Staff

ATTACHMENT A – SCOPE OF WORK 2020

July 1, 2020 – December 31, 2021

South Shore Clean Cities Air Quality Public Education and Outreach Program


The Northwestern Indiana Regional Planning Commission (NIRPC) is contracting with South Shore Clean Cities, Inc. (Contractor) to implement aspects of the Northwest Indiana Air Quality Public Education and Outreach program focusing on diesel vehicles and fleets.


The NIRPC and SSCC relationship represents a public-private partnership project, which is an eligible activity under CMAQ. NIRPC has included the fleet education, outreach, and training activities performed by SSCC in the2020-2021 UPWP. The Contractor has an established relationship with many private and public sector vehicle fleet operators in Northwest Indiana. They have successfully participated in a competitive CMAQ grant application process, and this activity of the partnership has been found eligible and approved by state and federal agencies responsible for these funds.


Contractual Responsibilities:


The Region brand and education and outreach campaign is focused specifically on coordination/leverage of area resources and efforts to raise awareness of the importance of air quality forecasts, provide education on the effects of pollutants including ozone and particulate matter and encourage voluntary actions to reduce air pollution from transportation sources and promote moving toward cleaner air.


NWI Green Fleets: Municipalities, Schools, Port, Freight, and Logistics


South Shore Clean Cities will continue to operate the NWI Green Fleets Program. The program reaches out to local governments, school districts, Port of Indiana tenants, regional industries, freight and logistics companies to provide technical support, education, and training opportunities that reduce barriers to implementation of diesel emission reducing practices and technologies. Activities include:

  1. Individualized fleet emission assessments and emission reduction planning for participating organizations,

  2. Technical support for implementation transformational local projects that reduce vehicle related emissions

  3. Informational presentations and meetings with fleet managers at schools, transit, business and community operators on opportunities, options, and advantages of reduce emissions from their fleets, while assisting them in implementation of cleaner domestic fuels.

  4. Provide a series of targeted workshops/webinars and training for operators, mechanics, engineers, planners, emergency responders on topics relating to new technologies, electric vehicles, alternative fuels, infrastructure, idle reduction, yard marshaling, drayage and best practices to reduce emissions from last mile transportation systems.

  5. Report on Green Fleets at the Technical Planning Committee, Environmental Management and Policy Committee, Transit Operators Roundtable, Full Commission, Legislative Committee or other NIRPC committees as needed.

  6. Operate annual Green Fleets Award and recognition program.

    Task deliverables:

Task deliverables:


Program Support

Program Support includes local travel, staff training, printing, and supplies required for the above Described Activities


Indirect:

SSCC will be reimbursed for 80% of the allowable 10% Indirect rate related to the program.


SFY 2021 Data Reporting and Deliverables Plan


Key Deliverables

Due Date

Description

Provide data for U.S. Department of Energy Annual Survey

March 2021

Solicit input from Lake, Porter, and LaPorte Stakeholders on vehicle counts and Petroleum reduction efforts for SSCC Annual Survey.

This information will be shared with NIRPC

Update Partners Website

Monthly -12 times

New events, new grants etc.

Newsletter

Monthly-12 times

Updates on emission reduction & regional projects

Alt Fuel Price Report

4 times annually

Provide price updates on All alternative fuels in NWI

Operators Roundtable

4 times -Minimum

Verbal Green Fleets Program Updates at Operators Roundtable

SSCC Radio Show

Minimum of 24 shows Annually

Green Radio Network –Lake Shore Public Radio

Fleet Operator Contacts

Dec 31, 2020

July 10, 2021

Comprehensive list of contacts operating municipal and private fleets in NWI. Focus on Diesel equipment.

Annual NWI Clean Air Report to TPC and/or EMPC

July 9th, 2021

Final report and final invoice will be submitted for period ending 6/30/21.


Contractual Period: July 1, 2020 through December 31, 2021

Technical Planning Committee NIRPC Lake Michigan Room, Portage, IN

January 14, 2020 Minutes


Kevin Breitzke called the meeting to order at 10:05 a.m. with the Pledge of Allegiance and Self- introductions. The meeting was streamed live on YouTube at https://youtu.be/ocS3tdCST4w


Committee members present were Robin Barzoni-Tillman, A.J. Bytnar, Kevin Breitzke, Dean Button, Will Farrellbegg, Tyler Kent, Kay Nelson, Jessica Miller, Mark O’Dell, George Topoll, Kelly Wenger, and David Wright.


Others present were Ismail Attallah, Jake Dammarell, Doug Ferguson, Lauri Keagle, Eric Hellmuth, Tim Hollandsworth, Jeff Huet, Tyler Kent, Sandra Kolb, Bill Laird, Bruce Lindner, A.J. Monroe, Christopher Murphy, Jerry Siska, Beth Shrader, and Kathryn Vallis.


Staff present were Mitch Barloga, Charles Bradsky, Candice Eklund, Eman Ibrahim, Peter Kimball, Kathy Luther, Kevin Pollette, Scott Weber, and Flor Baum.


The minutes of the October 8, 2019 meeting were approved on motion by Will Farrellbegg and a second by Mark O’Dell.


Planning

Mitch Barloga presented on the Living Streets Resolution draft policy that is merging both Complete and Green Streets elements into one policy. The draft policy will be presented and reviewed by each topical committee, including TPC, before being recommended to the Commission meeting for final approval in April. All comments need to be submitted to Mitch Barloga at mbarloga@nirpc.org or 219-254-2518 by the end of February. If approved, the policy will be used at the next Notice of Funding Availability (NOFA).


Scott Weber presented on Resolution 20-03. The resolution is requesting a vote for Northwestern Indiana Regional Planning Commission (NIRPC) to amend the NWI 2050 Plan as a technical amendment. The Commission is federally required to annually update federal safety performance targets. The Technical Planning Committee (TPC) recommended that the amended language include, “no more than,” with the adjusted targets. On motion by Kay Nelson and a second by Beth Shrader, the Technical Planning Committee voted to recommend Resolution 20-03 to the NIRPC Full Commission for adoption.


Scott Weber also presented on Resolution 20-04, a technical amendment to update the federally required safety performance measure targets in the FY 2020-2024 Transportation Improvement Program (TIP) in support of the State of Indiana’s safety targets. On motion by George Topoll and a second by Will Farrellbegg, the TPC voted to recommend Resolution 20-04 to the NIRPC Full Commission for adoption.


Programming

Charles Bradsky presented on the general public comment received for the draft changes to the 2020- 2024 Transportation Improvement Program (TIP). The one comment received was a request to increase the capacity of the roadways for two state roads. Charles responded to the recipient, and forwarded the comment to Indiana Department of Transportation (INDOT).


Charles Bradsky presented on Resolution 20-02, Amendment #3 to the FY 2020-2024 Transportation Improvement Program (TIP) for 29 added projects in the Region. On motion by Dean Button and a

second by Will Farrellbegg, the TPC voted to recommend Amendment #3 to the FY 2020-2024 Transportation Improvement Program to the NIRPC Commission for adoption.


Topical Committee Reports

Kathy Luther reported on the Environmental Management Policy Committee’s (EMPC) meeting, held on January 9th. The U.S. EPA Region 5 is in the process of developing a Sub Area Contingency Plan (SACP), with a focus on inland and coastal, as a way of responding to spills, or potential spills of hazardous substances within Northwest Indiana. The next SACP meeting will be held on February 4, 2020, in Michigan City, from 10:00 am - noon.


Kathy Luther also shared with the committee a Save-the-Date for the Vehicle Emission Testing Educational Workshop, which will be held on February 7, 2020. The workshop will reintroduce legislation, and be fact and data driven. Resource information will also be presented for failed emissions.


Mitch Barloga shared with the committee the next scheduled Ped, Pedal, & Paddle (3PC) meeting will be on Thursday, February 6, 2020 at 1:30 pm.


Eman Ibrahim stated the next scheduled Land Use Committee (LUC) meeting will be on Thursday, February 6, 2020, at 10:30 am.


Scott Weber stated the next scheduled Surface Transportation Committee (STC) meeting will be on Tuesday, February 4, 2020 at 9:00 am.


Charles Bradsky reported on the Transportation Resource & Oversight Committee’s (TROC) December 10 meeting. Two projects have been moved out to 2021, which has left a $5 million surplus for FY2021.

The next scheduled TROC - Lake and Porter meeting is scheduled for Tuesday, February 25, 2020, 9:00 am, at NIRPC. TROC - La Porte will also meet on February 25, at 1:00 pm, in La Porte Park and Recreation Building.


Reports from Planning Partners

Doug Ferguson, Senior Analyst at Chicago Metropolitan Agency for Planning (CMAP), reported on Neighboring Regional Planning Agencies. An interactive session is scheduled January 21st, at the Village of Montgomery, IL to develop a Regional Climate Action Plan (RCAP) for the Chicagoland area. Different strategies will be collected as part of that development. CMAP also released a regional flood susceptibility index available online. https://datahub.cmap.illinois.gov/dataset/on-to-2050-layer-flood- susceptibility-index


Doug also reported on the background of Illinois Department of Transportation (IDOT) funding for the Complete Streets Project in Illinois. Illinois State Legislature passed the Capital of Improvement plan for the state, which included $50,000,000 for bicycle and pedestrian improvements. However, it is yet to be determined on whether the funding is set per year, or a lump sum for the entirety of the program.


Lauri Keagle provided an update on the focus of the contract South Shore Clean Cities (SSCC) has with NIRPC regarding the vehicle emission educational workshop for the state of Indiana. Legacy Environmental Services, stated there will be an educational workshop on April 2, 2020. The workshop will reintroduce legislation, and be fact and data driven. Resource information will also be presented for failed emissions.


Lauri also presented on the Partners for Clean Air scholarship applications. For more information, please go online. https://www.in.gov/idem/5157.htm

Kelly Wenger, with Northern Indiana Commuter Transportation District (NICTD), reported on Indiana Department of Transportation (INDOT) - Community Crossings Update. The 2020-1 Community Crossings Matching Grant (CCMG) call for projects began on January 6, 2020 and will close at 5:00 pm Eastern Time, February 7, 2020. Reach out to Marcia Blancett for further assistance.


Other Business, Staff Announcements and Upcoming Meetings

Kathy Luther will provide information and data to Dean Button, regarding Lake Michigan lakeshore protection from storm surges and erosion due to high water levels.

Announcements and upcoming dates were shared with the committee. Next Meeting

The next Technical Planning Committee Meeting will be on February 11, 2020, at 10:00 am, in NIRPC’s Lake Michigan Room. Hearing no other business, Kevin Breitzke adjourned the meeting at 10:54 am.

DRAFT 5-4-20

RESOLUTION 20-XX


A RESOLUTION IMPLEMENTING LIVING STREETS GUIDELINES FOR NIRPC-PROGRAMMED TRANSPORTATION PROJECTS


WHEREAS, the Northwestern Indiana Regional Planning Commission (NIRPC) promotes an equitable and effective multimodal, regional land use/transportation system that is safe, as well as energy, environmentally and fiscally efficient, maximizes regional connectivity, serves the mobility needs of all citizens, utilizes stormwater runoff mitigation best practices, improves the health of the general public, and is environmentally sensitive; and


WHEREAS,, NIRPC promotes sustainable transportation that encourages walking, rolling, bicycling and transit use while promoting safe operations for all users, while improving the natural and built environment via the integration of more energy efficient and ecologically friendly management practices, as increased walking, rolling and cycling offers the potential for better air quality, reduces motor traffic, curbs fossil fuel reliance, fosters a more efficient right-of-way, promotes greater health of the local population and manages stormwater runoff while allowing for the implementation of permeable surfaces, referred to commonly as “Green Streets” concepts; and


WHEREAS, "Complete Streets" are roadways that accommodate safe, efficient and equitable access for all users by law including pedestrians, bicyclists, motorists and transit riders of all ages and abilities; and


WHEREAS, Complete Streets are achieved when transportation agencies routinely plan, design, construct, re-construct, operate, and maintain the transportation network to improve travel conditions for all users of the roadway, and adopt methods that increase the longevity, accessibility, and efficiency of the roadway in a manner consistent with, and supportive of, the surrounding community; and

WHEREAS, increasing active and sustainable transportation (e.g., walking, rolling, bicycling, using public transportation and low-emission vehicles) offers the potential for improved public health, economic development, a cleaner environment, reduced transportation costs, enhanced community connections, social equity, and more livable communities; and


WHEREAS, Complete Streets principles have been, and continue to be, adopted nationwide at state, regional, and municipal levels in the interest of adherence to federal regulations that promote multimodal transportation options and accessibility for all users, including NIRPC’s 2010 Complete Streets Policy & Guidelines; and


WHEREAS, “Green Streets” represent a stormwater management approach that incorporates vegetation (perennials, shrubs, trees), soil, and engineered systems to slow, filter, and cleanse stormwater runoff from impervious surfaces (e.g., streets, sidewalks); and


WHEREAS, NIRPC seeks to combine both Complete and Green Streets principles into a unified policy called “Living Streets;” and


WHEREAS, Living Streets provide for the development of pedestrian, rolling, bicycle, transit and electric vehicle charging infrastructure, green stormwater infrastructure, and ecological revitalization which offers long term cost savings, public health improvements, pollution reduction, water quality and habitat improvement, increases green space while reducing fossil fuel demands, and creates safe opportunities for convenient active transportation; and


WHEREAS, Living Streets improvements follow Universal Design principles that include, but are not limited to, marked bicycle lanes on the roadway, paved shoulders, signed bike routes, safe access to bus stops, shared use paths, sidewalks, bicycle parking facilities, marked or raised street crossings (including over- and under passes), pedestrian signals, signs and auditory cues, multi-purpose spaces, vegetated swales, green gutters, rain gardens, stormwater curb extensions, pervious paving, stormwater planters, increased green space, and urban street trees; and

WHEREAS, providing access for people with disabilities is a civil rights mandate that is not subject to limitation by project costs, levels of use, or "exceptional circumstances” where the Americans with Disabilities Act requires pedestrian facilities that, when newly constructed or altered, be accessible; and


WHEREAS, NIRPC is responsible for planning and programming transportation projects that utilize federal grants which adhere to goals and objectives from previously adopted documents such as the NWI 2050 Plan, Creating Livable Communities, Greenways+Blueways 2020 Plan, the Marquette Action Plan, and other applicable documents; and


WHEREAS, it is NIRPC's vision to undertake bold planning initiatives that positively impact Northwestern Indiana's future to create a strong, accessible, safe, sustainable, climate-resilient, clean and high-quality environment in which to live, work and play.


NOW, THEREFORE, BE IT RESOLVED that NIRPC supports the concept of Living Streets and hereby establish the attached Guidelines to incorporate Living Streets facilities to the most practicable extent as proposed by the project sponsor in all transportation projects using NIRPC-attributable federal funds;


BE IT FURTHER RESOLVED that Living Streets Guidelines are hereby established wherein project sponsors need to provide in the written request for federal funding documentation providing for the inclusion of Living Streets facilities in the proposed project seeking NIRPC-attributable funds and application materials must include a description of the facilities;


BE IT FURTHER RESOLVED that sponsors using other local, state, or non-NIRPC attributable federal funds be encouraged to accommodate practicable Living Streets facilities, in the planning and design of all proposed transportation projects;


BE IT FURTHER RESOLVED that NIRPC-based stakeholder committees responsible for various funding priorities utilize these Living Street Guidelines and review proposed project descriptions to account for Living Streets adherence and providing

exemptions to projects where deemed appropriate.

Duly adopted by the Northwestern Indiana Regional Planning Commission on this historic day somewhere in the near future.


NORTHWESTERN INDIANA REGIONAL PLANNING COMMISSION

Living Streets Planning & Design Guidelines

Below are planning and design guidelines to assist project sponsors in the accommodation of all users (bicyclists, pedestrians, transit users, motorists and people with disabilities, hereafter referred to as “Living Streets” facilities). Project sponsors shall use these guidelines in planning for and designing their projects. The Guidelines will be used by NIRPC staff and relevant committees as the proposed project is processed through current project selection and planning review.


  1. Living Streets facilities shall be established on rehabilitation, restoration, and

    resurfacing (3R), partial 3R, and new construction and reconstruction (4R) projects unless one or more of the following conditions are met (entities will be required to provide evidence for justification of exemption(s):

    1. Where non-motorized users are prohibited by law from using the roadway.

      In this instance, the applicant should accommodate Living Streets facilities as practicable within the right of way or within the same transportation corridor. Such projects shall still be inclined to incorporate green infrastructure improvements referenced in the above document.

    2. The cost of establishing Living Streets facilities that meet applicable standards would exceed 15% of the cost of the larger transportation project. Eligible costs may include additional right-of-way acquisition, utility relocation, utility replacement by way of natural infrastructure, vegetative additions, and other construction costs with the establishment of said facilities.

    3. Where the project consists of minor maintenance or repair (reconstruction is not included). Minor projects include, but are not limited to, emergency and periodic/preventative maintenance.

    4. Where the project consists primarily of the installation of traffic control or safety

      devices and little or no additional right-of-way is to be acquired.

    5. There are topographic or natural resource constraints.

    6. Where factors indicate an absence of need.

    7. Where existing Living Streets facilities currently exists or are scheduled for construction within or near the corridor.


  2. On proposed 3R and 4R projects that do not increase vehicular capacity, Living Streets facilities shall be incorporated where applicable and as proposed by the project sponsor including in the following ways:

    1. Resurfacing including striping for additional shoulder width and/or crosswalks, as well as bike lanes where feasible in urban settings.

    2. Signalization including installation of pedestrian activated signals, and/or review of proper operation and timing of pedestrian phases.

    3. Restriping sufficiently wide pavements and bridge decks for additional shoulder width in accordance with applicable federal guidelines.

    4. Bridge deck replacement with extension of bridge deck (or other means) to accommodate all users.

    5. In cases where an adopted regional or local plan proposes a bikeway, rolling or pedestrian way that would pass under or over a bridge that is to be reconstructed, the bridge shall be reconstructed to accommodate intended users.

    6. Intersection upgrades including crosswalks and pedestrian actuated signals.

    7. In rural areas, paved shoulders should be included in all new construction and reconstruction projects on roadways used by more than 1,000 vehicles per day (ADT). Shoulders with a minimum of five-foot paved asphalt width preferred, accompanied by bicycle-friendly rumble strips. Paved shoulders have safety and operational advantages for all road users in addition to providing a place for bicyclists and pedestrians to operate.

    8. Right-of-way flooding.

    9. In places where additional vegetation can lead to improved pollinator habitat, heating/cooling cost savings, and increased public health.

  3. The design and development of the transportation infrastructure shall improve conditions for all users by:

    1. Planning projects for the long-term. The design and construction of new transportation facilities should presume demand for all users, aim to improve health and increase ecological resilience, and not preclude the provision of future improvements. In particular, where development is projected to change the character of an area from rural to suburban to urban over the long-term, it is encouraged that adequate right-of-way and infrastructure be established as part of a near-term project to accommodate future facilities where applicable. Every project should be planned and designed with the ultimate, long- term goal of creating, over time, Living Streets facilities.

    2. Connecting Living Streets facilities across jurisdictional boundaries. As the metropolitan planning organization, NIRPC has a vantage point from which to recommend to the jurisdictions the connection and continuity of facilities for all users for the purpose of qualifying for federal funding. One way which NIRPC does this is through the Comprehensive Regional Plan which is updated every five years.

    3. Designing context-appropriate facilities to the best currently available standards and guidelines. The design of said facilities shall be in accordance with applicable federal guidelines.

    4. Addressing the need for bicyclists, rollers and pedestrians to cross corridors as well as travel along them. Even where bicyclists, rollers and pedestrians may not commonly travel along a corridor that is being improved or constructed, they will likely need to be able to cross that corridor safely and conveniently. For instance, a roadway project that does not contain a bike facility (interstate highway) should address bridge crossings that are hostile for bicycles, rollers and pedestrians. Therefore, the design of intersections and interchanges shall accommodate cyclists, rollers and pedestrians in a manner that is safe, accessible and convenient.

    5. Creating a more connected, renewed, united and vibrant Northwest Indiana. Living Streets projects support NIRPC’s planning initiatives including those that address climate change and its potential impacts.


image

6100 Southport Road

Portage, Indiana 46368

(219) 763-6060

www.nirpc.org


Public Comment Report

Air Quality Conformity Determination Report for NWI 2050 Amendment No. 1 and FY 2020-2024 Transportation Improvement Program Amendment No. 7 | March 6, 2020


The draft of the Air Quality Conformity Determination Report for NWI 2050 Amendment No. 1 and FY 2020-2024 Transportation Improvement Program Amendment No. 7 was released for a 30-day public comment period beginning March 6, 2020. A draft of the document was made available at www.nirpc.org and emailed to stakeholders.

There were no public comments received. An update will also be provided at the NIRPC Commission meeting on May 21, 2020.


image

6100 Southport Road

Portage, Indiana 46368

(219) 763-6060

www.nirpc.org


RESOLUTION 20-10

A RESOLUTION OF THE NORTHWESTERN INDIANA

REGIONAL PLANNING COMMISSION MAKING THE AIR QUALITY CONFORMITY DETERMINATION FOR THE NWI 2050 PLAN AMENDMENT NO. 1 AND THE 2020 TO 2024 TRANSPORTATION IMPROVEMENT PROGRAM AMENDMENT NO. 2 WITH RESPECT TO OZONE

May 21, 2020


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 implementation of the Clean Air Act Amendments of 1990 has established National Ambient Air Quality Standards for ozone; and


WHEREAS, Lake and Porter Counties have been designated as a nonattainment area with respect to the 2008 “8-hour” standard for ozone; and LaPorte County has been designated as a maintenance area with respect to the 1997 “8-hour” standard for ozone; and


WHEREAS, the United States Environmental Protection Agency’s Transportation Conformity Rule in 40 CFR Parts 51 and 93 requires all Transportation Conformity non-exempt and regionally significant projects included in a Metropolitan Planning Organization’s transportation improvement program to be referenced to that Metropolitan Planning Organization’s transportation plan; and

WHEREAS, the NWI 2050 Plan is the Metropolitan Planning Organization’s transportation plan and the 2020 to 2024 Transportation Improvement Program is the Metropolitan Planning Organization’s transportation improvement program; and


WHEREAS, the Commission’s Interagency Consultation Group on Air Quality comprised of the Commission, the Federal Highway Administration, the Federal Transit Administration, the Environmental Protection Agency, the Indiana Department of Environmental Management, and the Indiana Department of Transportation reviewed the Air Quality Conformity Determination Report and recommended its adoption by the Commission; and


WHEREAS, the Commission has solicited public comment on the Air Quality Conformity Determination Report between March 6, 2020 and April 5, 2020; and


WHEREAS, the Commission’s Technical Planning Committee recommended Resolution 20-10 to the Commission for adoption;


NOW, THEREFORE, BE IT RESOLVED that the Northwestern Indiana Regional Planning Commission hereby adopts the Air Quality Conformity Determination for the NWI 2050 Plan Amendment No. 1 and the 2020 to 2024 Transportation Improvement Program Amendment No. 7 with respect to ozone.


Duly adopted by the Northwestern Indiana Regional Planning Commission this twenty first day of May, 2020.



image

Michael Griffin Chairperson


ATTEST:



image

Justin Kiel Secretary


Air Quality Conformity Determination Report


Between


NWI 2050 Plan Amendment #1,


The 2020 to 2024 Transportation Improvement Program (2020-2024 TIP) Amendment

#7

and


The Indiana State Implementation Plan (SIP)


May 21, 2020


Northwestern Indiana Regional Planning Commission


www.nirpc.org


Table of Contents


Acknowledgements

1

Executive Summary

2

1.0 Background

3

1.1 Air Quality Conformity Process

3

2.0 Metropolitan Transportation Plan (MTP)

4

2.1 NWI 2050 Plan

4

Table 2.1.1 Air quality conformity-Required Projects Included in the NWI 2050 Plan

5

2.2 NWI 2050 Plan Amendment #1

8

3.0 Transportation Improvement Program (TIP)

8

3.1 2020 to 2024 Transportation Improvement Program (2020-2024 TIP)

8

3.2 2020 to 2024 Transportation Improvement Program (2020-2024 TIP) Amendment #7

8

4.0 Air quality conformity Determination: General Process

9

5.0 Requirements

10

5.1 Overview

10

5.2 Latest Planning Assumptions

10

Table 5.2.1 Demographic Baseline and Forecasts for Lake, Porter, and LaPorte Counties

10

Table 5.2.2 Growth in Vehicle Miles Traveled (VMT) in Lake, Porter, and LaPorte Counties

12

5.3 Latest Emissions Model

13

5.4 Consultation Requirements

13

5.5 Timely Implementation of Transportation Control Measures (TCMs)

13

5.6 Fiscal Constraint

13

5.7 Consistency with the Motor Vehicle Emissions Budgets in the SIP

14

5.8 Regional Emissions Analysis Methodology

14

5.9 Regional Emissions Analysis Results

15

Table 5.9.1 Regional Emissions Analysis for Lake and Porter Counties - 2008 Ozone NAAQS

15

6.0 Conclusion

16

7.0 Appendices

17

7.1 Appendix A-1: Interagency Consultation Group Correspondence

17

7.2 Appendix A-2: Regional Significance Guidance

18

Acknowledgements


This Air Quality Conformity Determination Report between the NWI 2050 Plan Amendment #1, the 2020 to 2024 Transportation Improvement Program (2020-2024 TIP) Amendment #7 and the Indiana State Implementation Plan (SIP) was prepared by the Northwestern Indiana Regional Planning Commission (NIRPC). Individuals from the following agencies (hereafter collectively referred to as the Interagency Consultation Group on Air Quality or ICG) contributed their efforts towards the completion of the Air Quality Conformity Determination Report. They include:


Executive Summary


As part of its transportation planning process as a Metropolitan Planning Organization, NIRPC at least every 4 years is required to develop both a Metropolitan Transportation Plan, a plan of the Northwestern Indiana Region’s priorities for the next few decades, as well as a Transportation Improvement Program, a listing of transportation projects that are consistent with the Metropolitan Transportation Plan. Because NIRPC administers these transportation planning requirements in at least one area designated by the United States Environmental Protection Agency (EPA) as nonattainment or maintenance for one or more criteria pollutants in the Clean Air Act (CAA), NIRPC is also subjected to air quality conformity requirements.


The Clean Air Act (CAA) section 176(c) (42 U.S.C. 7506(c)) requires that federally funded or approved highway and transit activities are consistent with (“conform to”) the purpose of the State Implementation Plan (SIP). Conformity to the purpose of the SIP means that transportation activities will not cause or contribute to new air quality violations, worsen existing violations, or delay timely attainment of the relevant NAAQS or any interim milestones (42 U.S.C. 7506(c)(1)). EPA’s air quality conformity rules establish the criteria and procedures for determining whether metropolitan transportation plans (MTPs), transportation improvement programs (TIPs), and federally supported highway and transit projects conform to the SIP (40 CFR Parts 51.390 and 93). Additionally, EPA’s air quality conformity rules dictate that any TIP amendment that includes regionally significant, non-exempt projects are also subject to air quality conformity requirements.


Of the six criteria pollutants regulated by the CAA (Ozone, Particulate Matter, Carbon Monoxide, Lead, Sulfur Dioxide, and Nitrogen Dioxide), only Ozone applies for this Air Quality Conformity Determination Report because it is the only one of the pollutants for which EPA has designated portions of the NIRPC planning area (Lake, Porter, and LaPorte Counties) nonattainment or maintenance that the ICG has found to have transportation-related emissions contributing to the nonattainment or maintenance designation. While portions of Lake County (East Chicago) are designated as a maintenance area for Particulate Matter less than 10 microns in diameter (PM10), the EPA has found onroad mobile sources (transportation) not to be significant contributors to the PM10 designation, so an air quality conformity review is not required for that standard (68 FR 1372). The EPA has made area designations for Ozone for the 1997, 2008, and 2015 National Ambient Air Quality Standards (NAAQSs). Air quality conformity must be demonstrated for the area designated under each NAAQS, unless an area for a newer designation is completely within the area from an older designation, in which case demonstrating conformity for the larger area is considered adequate for meeting the air quality conformity determination requirements. Lake and Porter Counties are designated as maintenance for the 1997 Ozone NAAQS and nonattainment for the 2008 Ozone NAAQS. Portions of northern Lake County are designated as nonattainment for the 2015 Ozone NAAQS, but since this area is completely within the area designated by the 2008 NAAQS, an air quality conformity determination for the 2008 Ozone NAAQS is adequate for the 2015 NAAQS. LaPorte County is designated maintenance for the 1997 Ozone NAAQS. Per the South Coast Air Quality Management District v. EPA decision and EPA’s Transportation Conformity Guidance for the South Coast II Court Decision, LaPorte County is subjected to less stringent air quality conformity determination requirements.


This Air Quality Conformity Determination Report was completed consistent with CAA requirements, existing associated regulations at 40 CFR Parts 51.390 and 93, and the South Coast II decision, according to EPA’s Transportation Conformity Guidance for the South Coast II Court Decision issued on November 29, 2018.

    1. Background


    2. Air Quality Conformity Process


The concept of air quality conformity was introduced in the Clean Air Act (CAA) of 1970, which included a provision to ensure that transportation investments conform to a State implementation plan (SIP) for meeting the Federal air quality standards. Conformity requirements were made substantially more rigorous in the CAA Amendments of 1990. The air quality conformity regulations that detail implementation of the CAA requirements were first issued in November 1993, and have been amended several times. The regulations establish the criteria and procedures for transportation agencies to demonstrate that air pollutant emissions from MTPs, TIPs and projects are consistent with (“conform to”) the State’s air quality goals in the SIP. This document has been prepared for State and local officials who are involved in decision making on transportation investments.


Air quality conformity is required under CAA Section 176(c) to ensure that Federally-supported (though not necessarily federally funded) transportation activities are consistent with (“conform to”) the purpose of a State’s SIP. Air quality conformity establishes the framework for improving air quality to protect public health and the environment. Conformity to the purpose of the SIP means Federal Highway Administration (FHWA) and Federal Transit Administration (FTA) funding and approvals are given to highway and transit activities that will not cause new air quality violations, worsen existing air quality violations, or delay timely attainment of the relevant air quality standard, or any interim milestone.


Lake, Porter, and LaPorte Counties were designated as nonattainment for the 1997 Ozone NAAQS effective June 15, 2004 according to 69 FR 23857. On July 19, 2007, LaPorte County was reclassified to attainment with a maintenance plan (became a maintenance area) according to 72 FR 39574. On May 11, 2010, Lake and Porter Counties were reclassified to attainment with a maintenance plan (became a maintenance area) according to 75 FR 26113.


Lake and Porter Counties were designated as nonattainment for the 2008 Ozone NAAQS effective July 20, 2012 according to 77 FR 34221. EPA denied IDEM’s redesignation request for Lake and Porter Counties for attainment on January 9, 2015, so Lake and Porter Counties remain a nonattainment area for the 2008 Ozone NAAQS.


Portions of Lake County (Calumet, Hobart, North, Ross, and St. John Townships) were designated as nonattainment for the 2015 Ozone NAAQS effective August 3, 2018 according to 83 FR 25776. Since these townships are all completely within the 2008 Ozone NAAQS nonattainment area that spans all of Lake and Porter Counties, demonstrating air quality conformity for all of Lake and Porter Counties with respect to the 2008 Ozone NAAQS satisfies the requirement for demonstrating air quality conformity for the Lake County portion of the 2015 Ozone NAAQS.

    1. Metropolitan Transportation Plan (MTP)


      Metropolitan Planning Organizations (MPOs) operating fully or in part in NAAQS nonattainment or maintenance areas such as NIRPC are required to develop a metropolitan transportation plan (MTP) at least every 4 years that looks out to a horizon at least 20 years in the future according to 23 CFR Part 450.324.


    2. NWI 2050 Plan


      The NWI 2050 Plan was adopted by the NIRPC Full Commission on May 16, 2019.1 This plan satisfies the requirements mentioned in section 2.0 above and is the MTP for the Northwestern Indiana Region that includes all of Lake, Porter, and LaPorte Counties in Indiana.


      The NWI 2050 Plan includes the regionally significant, non-exempt transportation projects as shown in Table 2.1.1 completed since the 2017 baseline year subject to the air quality conformity requirements (see Appendix A-2 for Regional Significance Guidance)



      image

      1 Available at: http://bit.ly/NWI2050Plan

      Table 2.1.1 Air Quality Conformity-Required Projects Included in NWI 2050 Plan


      Projects Complete by 2020

      Beginning Point

      End Point

      Sponsor

      Federal Estimated Cost (YOE)

      Non-Federal Estimated Cost (YOE)

      I 65 Added Travel Lanes

      US 30

      SR 2

      INDOT

      2018:

      $55,800,000

      2018:

      $6,200,000

      Cline Ave Bridge

      Riley Rd Interchange

      Michigan Ave Interchange

      East Chicago

      $0

      2019:

      $150,000,000

      45th Ave

      2016:

      2016:

      Added Center

      Chase St

      Grant St

      Lake County

      $184,780

      $46,195

      Turn Lane

      101st Ave

      2019:

      2019:

      Added Travel

      Georgia St

      Mississippi St

      Merrillville

      $2,423,000

      $643,546

      Lanes

      Parrish Ave

      $0

      2018:

      Added Center

      Joliet St

      US 231

      St. John

      $1,950,000

      Turn Lane

      Broadway Metro Express

      Gary Metro Center

      Methodist Southlake Hospital

      Gary Public Transportation Corporation

      2017:

      $7,600,000

      2017:

      $1,900,000

      US 20 Added

      2018:

      2018:

      Center Turn

      US 421

      US 35/SR

      INDOT

      $8,961,600

      $2,240,400

      Lane

      212

      US 20

      2018:

      2018:

      Interchange Modification at US-35/SR 212


      Meer Rd

      US 35/SR 212

      Interchange

      INDOT

      $517,600

      $129,400

      US 20 New

      Interchange at SR 2

      1,590 feet from

      US 20/SR 2

      Interchange

      1,590 feet from US- 20/SR-2

      Interchange

      INDOT

      2019:

      $9,398,400

      2019:

      $2,349,600


      Projects Complete by 2025

      Beginning Point

      End Point

      Sponsor

      Federal Estimated Cost (YOE)

      Non-Federal Estimated Cost (YOE)

      US 41 Added Center Turn Lane

      Standard Ave

      US 231

      INDOT

      2019:

      $3,991,200

      2019:

      $997,800

      SR 49

      2023:

      2023:

      Consecutive Intersection

      Porter Ave

      Gateway Blvd

      INDOT

      $10,856,317

      $2,714,079

      Improvements

      US 20 Added Center Turn Lane

      SR 39

      Fail Rd

      INDOT

      2023:

      $14,460,108

      2023:

      $3,615,027

      109th Ave

      2021:

      2021:

      Consecutive Intersection

      SR 53

      Iowa St

      Crown Point/INDOT

      $2,643,125

      $7,576,875

      Improvements

      Gostlin

      2020:

      2020:

      St/Sheffield Ave/Chicago St Added Travel

      Illinois State Line


      US 41


      Hammond

      $9,400,000

      $2,350,000

      Lanes

      45th St Added Center Turn Lane

      Colfax St

      Chase St

      Lake County

      2020:

      $9,928,142

      2020:

      $2,482,036

      Mississippi St

      2020:

      2020:

      Added Travel

      93rd Ave

      101st Ave

      Merrillville

      $3,612,000

      $903,250

      Lanes

      45th St Grade Separation and Realignment

      0.3 miles West of Calumet Ave


      Southwood Dr


      Munster

      2019:

      $16,800,000

      2019:

      $4,843,293

      93rd Ave Added Center Turn Lane

      White Oak Ave

      US 41

      St. John

      $0

      2024:

      $3,487,347

      109th Ave Added Center Turn Lane

      Calumet Ave

      US 41

      St. John

      $0

      2024:

      $3,812,928

      Calumet Ave

      $0

      2024:

      Added Center

      101st Ave

      109th Ave

      St. John

      $3,398,710

      Turn Lane

      Vale Park Rd Extension

      Winter Park Dr

      Windsor Tr

      Valparaiso

      $0

      2020:

      $4,480,000

      South Shore Line Double Track

      Tennessee St

      Michigan Blvd

      NICTD

      $0

      2022:

      $388,603,154

      West Lake Corridor commuter rail service

      Hammond Gateway Station


      Main St - Munster/Dyer


      NICTD

      $0

      2022:

      $768,335,733


      Projects Complete by 2030


      Beginning Point

      End Point

      Sponsor

      Federal Estimated Cost (YOE)

      Non- Federal Estimated Cost (YOE)

      US 41 Added

      2028:

      2028:

      Center Turn

      US 231

      SR 2

      INDOT

      $36,877,815

      $9,219,454

      Lane

      Main St Extension

      Burnham Ave (Illinois)

      Columbia Ave/Sheffield Ave


      Munster

      2028:

      $2,631,548

      2028:

      $657,887

      Willowcreek Rd Extension

      700 N

      SR 130

      Porter County

      2025:

      $4,617,000

      2025:

      $1,188,000

      85th Ave Added

      $0

      2028:

      Center Turn

      US 41

      Parrish Ave

      St. John

      $5,828,139

      Lane

      93rd Ave Added Travel Lanes

      Calumet Ave

      Cline Ave

      St. John

      $0

      2028:

      $36,217,098

      109th Ave

      $0

      2028:

      Added Travel

      Calumet Ave

      US 41

      St. John

      $10,220,018

      Lanes

      Blaine Ave

      $0

      2028:

      Added Center

      93rd Ave

      101st Ave

      St. John

      $5,438,393

      Turn Lane

      Calumet Ave

      $0

      2028:

      Added Travel

      101st Ave

      109th Ave

      St. John

      $9,906,218

      Lanes

      Cline Ave

      $0

      2028:

      Added Travel

      101st Ave

      109th Ave

      St. John

      $4,513,833

      Lanes

      White Oak Ave

      $0

      2028:

      Added Center

      93rd Ave

      101st Ave

      St. John

      $7,051,199

      Turn Lane

      Kennedy Ave

      2025:

      2025:

      Added Travel

      Main St

      US 30

      Schererville

      $17,401,579

      $4,350,395

      Lanes

      Vale Park Rd

      2027:

      2027:

      Added Center

      Calumet Ave

      Silhavy Rd

      Valparaiso

      $3,423,275

      $855,819

      Turn Lane


      Projects Complete by 2040


      Beginning Point

      End Point

      Sponsor

      Federal Estimated Cost (YOE)

      Non- Federal Estimated Cost (YOE)

      Division Rd

      2038:

      2040:

      Added Center

      Sturdy Rd

      375 E

      Valparaiso

      $2,868,640

      $717,160

      Turn Lane

      LaPorte County

      2035:

      2035:

      North-South

      SR 39

      US 35

      LaPorte County

      $104,000,000

      $26,000,000

      Connector



      Projects Complete by 2050


      Beginning Point

      End Point

      Sponsor

      Federal Estimated Cost (YOE)

      Non- Federal Estimated Cost (YOE)

      Division Rd Added Center Turn Lane


      SR 2


      Sturdy Rd

      Valparaiso/Porter County

      2048:

      $6,151,100

      2048:

      $1,537,775


    3. NWI 2050 Plan Amendment #1


NWI 2050 Plan Amendment #1 removed a phase of the Kennedy Ave Added Travel Lanes from the Projects Complete by 2025 section of Table 2.1.1 above and combined this phase into an already existing phase of the project in the Projects Completed by 2030 section of Table 2.1.1.


    1. Transportation Improvement Program (TIP)


      Metropolitan Planning Organizations (MPOs) such as NIRPC are required to develop a Transportation Improvement Program (TIP), which is a listing of FHWA and FTA funded transportation projects, covering a period of at least 4 years and in cooperation with the state and public transit providers according to 23 CFR Part 450.326. MPOs in Indiana produce TIPs covering 5 years.


    2. 2020 to 2024 Transportation Improvement Program (TIP)


      The 2020 to 2024 Transportation Improvement Program (2020-2024 TIP) was adopted by the NIRPC Full Commission on May 16, 2019.2 The 2020-2024 TIP satisfies the requirements mentioned in section 3.0 above and is the TIP for the Northwestern Indiana Region that includes all of Lake, Porter, and LaPorte Counties in Indiana.


      The 2020-2024 TIP includes all federally funded projects in the State Fiscal Years 2020 to 2024 (July 1, 2019 through June 30, 2024) but does not include all of the projects listed in Table 2.1.1 above, namely those beyond the year 2024 or those that are not federally funded.


    3. 2020 to 2024 Transportation Improvement Program (TIP) Amendment #7


The 2020-2024 TIP Amendment #7 removed a phase of the Kennedy Ave Added Travel Lanes from the Projects Complete by 2025 section of Table 2.1.1 above and combined this phase into an already existing phase of the project in the Projects Completed by 2030 section of Table 2.1.1.


image

2 Available at http://bit.ly/20-24TIP

4.0 Air Quality Conformity Determination: General Process


Generally, demonstrating air quality conformity between an MTP/TIP and a SIP means showing that regionally significant, non-exempt highway and transit projects will not cause new air quality violations, worsen existing air quality violations, or delay timely attainment of the relevant air quality standard, or any interim milestone. The State of Indiana developed a Regional Significance Guidance document included in Appendix A-2 that satisfies the 40 CFR Part 93.101 definition of regionally significant project. A non- exempt project is any project not included as an exempt project type in 40 CFR Part 93.126. Thus, demonstrating air quality conformity is required for any transportation project that meets the Regional Significance Guidance and that is not on the list of exempt projects.


In nonattainment or maintenance areas for transportation-related criteria pollutants, demonstrating air quality conformity is required for all newly adopted MTPs and TIPs, and for any amendments to MTPs or TIPs that include regionally significant, non-exempt projects. Since the NWI 2050 Plan is a newly adopted MTP and the 2020-2024 TIP is a newly adopted TIP, it is necessary to demonstrate air quality conformity to the SIP with respect to the applicable criteria pollutants and their associated precursors. In this case the only applicable criteria pollutant is Ozone, which includes Nitrous Oxides (NOx) and Volatile Organic Compounds (VOC) as precursors.

    1. Requirements


    2. Overview


      The air quality conformity regulation at 40 CFR 93.109 sets forth the criteria and procedures for demonstrating air quality conformity. The air quality conformity criteria for MTPs and TIPs include: latest planning assumptions (93.110), latest emissions model (93.111), consultation (93.112), transportation control measures (93.113(b) and (c), fiscal constraint, consistency with motor vehicle emissions budgets in the SIP, and regional emissions analysis or interim emissions test (93.118 and/or 93.119).


      For the 1997 Ozone NAAQS areas that are not designated nonattainment or maintenance for either the 2008 Ozone NAAQS or 2015 Ozone NAAQS (i.e. LaPorte County), air quality conformity can be demonstrated with only the latest planning assumptions, consultation, transportation control measures, and fiscal constraint requirements per 40 CFR 93.109(c) and the EPA Transportation Conformity Guidance for the South Coast II Court Decision.3 Thus, all of the additional requirements in the previous paragraph only are applied to demonstrating air quality conformity with respect to Lake and Porter Counties in this Air Quality Conformity Determination Report.


      For the 1987 PM10 NAAQS maintenance area in East Chicago, the EPA has found that onroad mobile sources do not significantly contribute to that designation, so conformity air quality review requirements do not apply for the PM10 standard and therefore are not analyzed in this Air Quality Conformity Determination Report.


    3. Latest Planning Assumptions


Use of the latest planning assumptions in demonstrating air quality conformity is required per 40 CFR

93.110 of the Transportation Conformity Rule. Use of the latest planning assumptions ensures that the underlying assumptions and data that are inputted into the regional emissions analysis accurately reflect the planning assumptions of the region demonstrating air quality conformity. As part of the NWI 2050 Plan and 2020 to 2024 TIP development, the Northwestern Indiana Region developed demographic forecasts for population and employment growth as shown on Table 5.2.1.


Table 5.2.1 Demographic Baseline and Forecasts for Lake, Porter, and LaPorte Counties

Year

Population

Households

Employment

2017

766,924

291,750

286,970

2020

773,689

294,313

292,121

2025

784,974

298,567

300,688

2030

796,251

302,838

309,281

2040

818,813

311,378

326,436

2050

841,382

319,903

343,604


Population forecasts are based on the baseline 2017 year as found in the US Census Bureau’s American Community Survey, 2013-2017 Estimates Table B01003. The 2050 horizon year population forecast is based on an average of 5 different sources that have already conducted population forecasts for the NWI Region: INDOT Statewide Travel Demand Model, INDOT REMI PI+ 2.0 Model, Woods & Poole Economics, Inc., Louis Berger Group (for the Chicago Metropolitan Agency for Planning), and the Indiana


image

3 Available from https://www.epa.gov/sites/production/files/2018-11/documents/420b18050.pdf

Business Research Center.4 The interim years between the 2017 baseline year and the 2050 horizon year are extrapolated from a simple linear trend model of fit. Household forecasts are based on the baseline 2017 year as found in the US Census Bureau’s American Community Survey, 2013-2017 Estimates Table S1101. All other years are based on the number of persons per household for each county found by dividing the county’s population by its number of households. Employment forecasts are based on the baseline 2017 year as found in the US Bureau of Labor Statistics’ Quarterly Census of Employment and Wages (QCEW) State and County Wages series annual average employment. The 2050 horizon year employment forecast is based on an average of 4 different sources that have already conducted employment forecasts for the NWI Region: INDOT Statewide Travel Demand Model, INDOT REMI PI+ 2.0 Model, Woods & Poole Economics, Inc., and Louis Berger Group (for the Chicago Metropolitan Agency for Planning).5 The interim years between the 2017 baseline year and the 2050 horizon year are extrapolated from a simple linear trend model of fit.


The Highway Performance Monitoring System (HPMS) data provides the basis or an analysis of the growth in Vehicle-Miles of Travel as shown on Table 5.2.2.



image

4 INDOT Statewide Travel Demand Model, INDOT REMI PI+ 2.0 Model, and Woods & Poole Economics, Inc. population forecasts were emailed to NIRPC by INDOT on October 11, 2017 and have privacy restrictions- these forecasts are technically for a 2045 horizon year that is extrapolated out to 2050 based on a linear trend model of fit; Louis Berger Group forecasts are available at https://datahub.cmap.illinois.gov/dataset/89f66569- 5f51-4c14-8b02-5ecc1ca00909/resource/a812de2f-d465-47f2-87df- 0427e81da2cf/download/CMAPSocioeconomicForecastFinal-Report04Nov2016.pdf; Indiana Business Research Center forecasts available at http://www.stats.indiana.edu/pop_proj/

5 INDOT Statewide Travel Demand Model, INDOT REMI PI+ 2.0 Model, and Woods & Poole Economics, Inc. forecasts were emailed to NIRPC by INDOT on October 11, 2017 and have privacy restrictions- these forecasts are technically for a 2045 horizon year that is extrapolated out to 2050 based on a linear trend model of fit; Louis Berger Group forecasts are available at https://datahub.cmap.illinois.gov/dataset/89f66569-5f51- 4c14-8b02-5ecc1ca00909/resource/a812de2f-d465-47f2-87df- 0427e81da2cf/download/CMAPSocioeconomicForecastFinal-Report04Nov2016.pdf


Table 5.2.2 Growth in Vehicle Miles Traveled (VMT) in Lake, Porter, and LaPorte Counties

Year

Daily VMT Estimate (HPMS)

Annual Rate of Growth

1992

17,722,061

1993

18,160,891

2.48%

1994

18,663,552

2.77%

1995

19,847,112

6.34%

1996

19,842,716

-0.02%

1997

21,058,741

6.13%

1998

21,638,065

2.75%

1999

21,249,847

-1.79%

2000

21,527,000

1.33%

2001

21,987,000

2.11%

2002

22,147,635

0.73%

2003

22,201,000

0.24%

2004

22,154,000

-0.21%

2005

22,216,000

0.28%

2006

22,305,000

0.40%

2007

22,397,000

13.95%

2008

21,792,000

-13.96%

2009

26,507,120

21.21%

2010

20,359,000

-23.19%

2011

26,545,000

30.38%

2012

25,461,000

-4.08%

2013

26,066,000

2.37%

2014

26,797,850

2.81%

2015

29,805,800

11.22%

2016

30,858,000

3.53%

2017

31,044,000

0.60%


Based on this data, the actual annual rate of growth of travel can be determined. For the three-county area as shown in Table 5.2.2, the rates range from -23.19% to 30.38% between 1992 and 2017. Over this period, the annual rate of daily VMT growth is 2.27%.


Vehicle registration data have been received from the Indiana Bureau of Motor Vehicles. These data are split by vehicle type, and have an associated date of approximately December 31, 2014. The Indiana Department of Environmental Management provided vehicle age information for cars and light trucks, from the application of a vehicle identification number (VIN) decoder as well as registrations by vehicle type directly from the Bureau of Motor Vehicles. This vehicle registration data have been used in MOVES, reflecting vehicle fleet age by vehicle type for smaller vehicles. For larger vehicle types, default data have been determined to be the best available fleet age information.


The NIRPC Travel Demand Model was used to relate the Latest Planning Assumptions to the Regional Emissions Analysis (Section 5.8). For questions or inquiries about the NIRPC Travel Demand Model, please contact Scott Weber, Transportation Planner/Analyst (sweber@nirpc.org).


    1. Latest Emissions Model


      For demonstrating air quality conformity for the Lake and Porter Counties 2008 Ozone NAAQS, the MOVES2014a model has been used for this Air Quality Conformity Determination Report. Although technically the MOVES2014b is the latest emissions model, EPA allows MOVES2014a to satisfy the latest emissions model requirements for air quality conformity purposes.6 The latest emissions model requirement does not apply to demonstrating air quality conformity for the 1997 Ozone NAAQS with respect to LaPorte County as mentioned in the EPA Transportation Conformity Guidance for the South Coast II Court Decision. The Motor Vehicles Emissions Budgets (MVEB) for 2008 Ozone NAAQS with respect to Lake and Porter Counties are based on the INDOT Air Quality Post-Processor (AQPP), which combines inputs from the NIRPC Travel Demand Model and MOVES2014a.


    2. Consultation Requirements


      The consultation requirements in 40 CFR 93.112 were addressed both for interagency consultation and public consultation.


      Interagency consultation was conducted with NIRPC, INDOT, IDEM, FHWA, FTA, and EPA. NIRPC sent an email to representatives from each of these agencies with a draft copy of this Air Quality Conformity Determination Report on March 22, 2019. Representatives from each of these agencies offered feedback and recommended edits as appropriate and during a teleconference call on March 29, 2019, and these are reflected in this Air Quality Conformity Determination Report. Interagency consultation was conducted consistent with the Indiana Conformity SIP. See section 7.1 for details of the interagency consultation correspondence.


      Public consultation was conducted consistent with planning rule requirements in 23 CFR 450. NIRPC followed its 2014 Public Participation Plan.7 The Air Quality Conformity Determination Report was made available to public comment on the NIRPC website from April 1, 2019 to April 30, 2019, fulfilling the 30- day public comment period that the 2014 Public Participation Requires for Conformity Determinations. No comments were received.


    3. Timely Implementation of TCMs


      The Indiana SIP with respect to Lake, Porter, and LaPorte Counties does not include any TCMs.


    4. Fiscal Constraint


      Air quality conformity requirements in 40 CFR 93.108 state that transportation plans and TIPs must be fiscally constrained consistent with DOT’s metropolitan planning regulations at 23 CFR part 450. The NWI 2050 Plan and 2020-2024 TIP are fiscally constrained, as demonstrated in the Action Plan section of the NWI 2050 Plan8 and section Fiscal Constraint section of the 2020-2024 TIP.9



      image

      6 See https://www.epa.gov/moves/latest-version-motor-vehicle-emission-simulator-moves

      7 Available at https://nirpc.org/media/48081/nirpc_2014_ppp_final_adopted_12.11.2014.pdf

      8 Available at http://bit.ly/NWI2050Plan

      9 Available at http://bit.ly/20-24TIP

    5. Consistency with the Motor vehicle emissions budgets in the SIP


      This Air Quality Conformity Determination Report is prepared consistent with the applicable EPA-approved Motor vehicle emissions budgets (MVEB) for the Ozone precursors of NOx and VOC. The MVEB are based on prior consultation between members of the Interagency Consultation Group on Air Quality (see Acknowledgments section) and are formulated using the latest emissions model and the NIRPC Travel Demand Model. Table 5.9.1 shows the MVEB for the applicable analysis years in the Regional Emissions Analysis. The consistency with the Motor vehicle emissions budgets requirement does not apply to demonstrating air quality conformity for the 1997 Ozone NAAQS with respect to LaPorte County as mentioned in the EPA Transportation Conformity Guidance for the South Coast II Court Decision.


    6. Regional Emissions Analysis Methodology


      The regional emissions analysis applicable to Lake and Porter Counties has estimated emissions of VOC and NOX as ozone precursors. The regional emissions analysis includes estimates of emissions from the entire transportation system, including all regionally significant, non-exempt projects contained in the NWI 2050 Plan Amendment #1 (see Table 2.1.1) and all other regionally significant, non-exempt highway and transit projects expected in the nonattainment area in the time frame of the transportation plan. Table 5.9.1 shows that regional emissions for the ozone precursors fall at or below the budgets in the State Implementation Plan for the 2008 Ozone NAAQS with respect to Lake and Porter Counties.


      The emissions analysis methodology meets the requirements of 40 CFR 93.122(b) of the Transportation Conformity Rule, for air quality conformity determinations based on estimates of regional transportation-related emissions completed after January 1, 1997.


      Implementation of the Lake and Porter County projects in the NWI 2050 Plan Amendment #1 and 2020-2024 TIP Amendment #7 results in motor vehicle emissions that are at or below the levels of the applicable Motor vehicle emissions budgets, as shown in Table 5.9.1.


      The regional emissions analysis for the transportation projects includes calculations of vehicle emissions at the aggregate level for the entire transportation system, including all regionally significant, non-exempt projects expected in the nonattainment area. The analysis includes FHWA/FTA-funded projects proposed in the NWI 2050 Plan, all Indiana Toll Road projects and all other regionally significant, non-exempt projects which are disclosed to NIRPC (see Table 2.1.1 for the complete list). Vehicle miles traveled (VMT) from projects which are not regionally significant and non-exempt are estimated in accordance with reasonable professional practice, using the NIRPC Travel Demand Model.


      The regional emissions analysis does not include any TCM. The regional emissions analysis does not include emissions reduction credit from projects, programs, activities, or control measures which require a regulatory action in order to be implemented.


      Ambient temperatures used for the regional emissions analysis are consistent with those used to estimate the emissions in 2017. All other factors, for example the fraction of travel in a hot stabilized engine mode, are consistently applied.


      Reasonable methods have been used to estimate nonattainment area VMT on off-network roadways within the urban transportation planning area, and on roadways outside the urban transportation planning area. For 2017, 2020, 2025, 2030, 2040, and 2050, estimates of regional transportation-related emissions used to support the conformity determination have been made using the MOVES2014a post-processor updated with the latest vehicle registration data. Regional transportation-related emissions estimates are included for 2011

      since 2011 appears in the Lake and Porter Counties 2008 Ozone NAAQS attainment demonstration.


      Land use, population, employment, and other network-based travel model assumptions have been documented based on the best available information (see Section 5.3). The distribution of population, households, and employment is based on prior 5-year moving averages of those trends in each of the 380 Travel Analysis Zones (TAZs) in Lake and Porter Counties and is a reasonable state of the practice.


      A capacity-sensitive assignment methodology has been used, and emissions estimates are based on a methodology, which differentiates between peak and off-peak link volumes and speeds, and uses speeds based on final assigned volumes, post-processed in the database. TAZ-to-TAZ travel impedances used to distribute trips between origin and destination pairs are in reasonable agreement with the travel times that are estimated from final assigned traffic volumes, using a feedback procedure iterated five times. These times have also been used for modeling mode splits. The network-based travel model is reasonably sensitive to changes in the time(s), cost(s), and other factors affecting travel choices. Reasonable methods in accordance with good practice have been used to estimate traffic speeds and delays in a manner that is sensitive to the estimated volume of travel on each roadway segment represented in the network-based travel model. Highway Performance Monitoring System (HPMS) estimates of vehicle miles traveled (VMT) are considered the primary measure of VMT within the portion of the nonattainment area and for the functional classes of roadways included in the nonattainment area.


      The regional emissions analysis requirement does not apply to demonstrating air quality conformity for the 1997 Ozone NAAQS with respect to LaPorte County as mentioned in the EPA Transportation Conformity Guidance for the South Coast II Court Decision.


    7. Regional Emissions Analysis Results


Table 5.9.1 shows the Regional Emissions Analysis Results for demonstrating air quality conformity between the NWI 2050 Plan Amendment #1 and 2020 to 2024 TIP Amendment #7 and the Indiana SIP for the 2008 Ozone NAAQS with respect to Lake and Porter Counties.


Table 5.9.1 Regional Emissions Analysis for Lake and Porter Counties - 2008 Ozone NAAQS

Year:

2011

2017

2020

2025

2030

2040

2050

NOx Budget

28.41

16.68

16.68

16.68

16.68

16.68

16.68

NOx Emissions

24.70

12.85

13.01

8.56

6.62

5.23

5.34

VOC Budget

11.02

6.85

6.85

6.85

6.85

6.85

6.85

VOC Emission

9.58

6.07

6.18

4.92

3.77

2.59

2.57


As shown in Table 5.9.1, baseline and forecasted emissions for the Ozone precursors of NOx and VOC are at or below the motor vehicle emissions budgets (MVEBs) in the Indiana SIP. Therefore, air quality conformity is demonstrated for the NWI 2050 Plan Amendment #1 and 2020-2024 TIP Amendment #7 for the 2008 Ozone NAAQS with respect to Lake and Porter Counties. Per the EPA Transportation Conformity Guidance for the South Coast II Court Decision, air quality conformity is demonstrated for the NWI 2050 Plan Amendment #1 and 2020-2024 TIP Amendment #7 for the 1997 Ozone NAAQS with respect to LaPorte County without a regional emissions analysis. Only the latest planning assumptions, consultation, transportation control measures, and fiscal constraint are required to demonstrate air quality conformity with respect to LaPorte County.

6.0 Conclusion


The air quality conformity determination process completed for the NWI 2050 Plan Amendment #1 and the 2020 to 2024 Transportation Improvement Program (2020-2024 TIP) Amendment #7 demonstrates that these planning documents meet the Clean Air Act and Transportation Conformity Rule requirements for the applicable National Ambient Air Quality Standards (NAAQS).

    1. Appendices


    2. Appendix A-1: Interagency Consultation Group Correspondence


      NIRPC staff emailed members of the Interagency Consultation Group on Air Quality, comprised of NIRPC, INDOT, IDEM, FHWA, FTA, and EPA, a draft of this Air Quality Conformity Determination Report on March 4, 2020.

    3. Appendix A-2: Regional Significance Guidance

      image


      image

      image

      Public Comment Report

      NWI 2050 Amendment No. 1 | March 6, 2020


      6100 Southport Road

      Portage, Indiana 46368

      (219) 763-6060

      www.nirpc.org


      The draft of NWI 2050 Amendment No. 1 was released for a 30-day public comment period beginning March 6, 2020. A draft of the document was made available at www.nirpc.org and emailed to stakeholders.

      The comments and responses to the draft are listed below. An update will also be provided at the NIRPC Commission meeting on May 21, 2020.

      On March 24, 2020, Dr. Virgil Gassoway commented:

      This bureaucracy represents all that is wrong in this country. Government WAY out of control! We the People have no control over this ‘out of control’ bureaucracy; a thing that the FOUNDERS never imagined possible when they wrote the Constitution! Shame on you and your ilk!

      NIRPC staff responded on May 4, 2020 via email to Mr. Vasil. The comment is not considered significant and no modification to the amendment is necessary. Staff response is shown here:

      Dear Dr. Gassoway,

      First, we would like to thank you for your comment.

      As an agency, we, the Northwestern Indiana Regional Planning Commission, are subject to both federal and state laws and regulations governing our existence and the procedures under which we are allowed to operate. Specifically, 23 U.S. Code § 134 (federal) and IC 36-7-7.6 (state) are the relevant statutes that establish, govern, and (we believe) constrain our roles and responsibilities. We as staff do not have the authority to change those laws and regulations. We would kindly direct you to your federal and state representatives respectively if you have any comments about changing these statutes.

      If you have any other questions please feel free to contact either of the following people at NIRPC:

      James Winters Transit Planner jwinters@nirpc.org

      Charles Bradsky

      Transportation Projects Manager cbradsky@nirpc.org


      NIRPC did not receive any additional comments relating to



      image

      RESOLUTION 20-13

      A RESOLUTION OF THE NORTHWESTERN INDIANA REGIONAL PLANNING COMMISSION AMENDING NWI 2050 AMENDMENT NO. 1

      May 21, 2020

      6100 Southport Road

      Portage, Indiana 46368

      (219) 763-6060

      www.nirpc.org



      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, NWI 2050 is a product of a multi-modal, 3-C transportation planning process, compatible with regional goals and objectives and socio-economic and demographic factors; and


      WHEREAS, NWI 2050 is fiscally constrained, and is consistent with the State Implementation Plan for Air Quality; and


      WHEREAS, NWI 2050 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 NWI 2050 brought about by this amendment were reviewed by the

      Air Quality Conformity Task Force’s Interagency Consultation Group (ICG); and

      WHEREAS, the changes to NWI 2050 brought about by this amendment were subjected to public comment in the manner prescribed by the 2019 Public Participation Plan, and comments were responded to in accordance with the 2019 Public Participation Plan; and


      WHEREAS, the Technical Policy Committee (TPC) has recommended that the Northwestern Indiana Regional Planning Commission make these changes to NWI 2050.


      NOW, THEREFORE, BE IT RESOLVED that the Northwestern Indiana Regional Planning Commission hereby amends NWI 2050 by making the changes as shown on the attachment to this resolution.


      Duly adopted by the Northwestern Indiana Regional Planning Commission this twenty first day of May, 2020.



      image

      Michael Griffin Chairperson


      ATTEST:



      image

      Justin Kiel Secretary

      NWI 2050 Plan Amendment #1 Changes to the NWI 2050 Plan:


      Page Number

      Original Text

      Amended Text

      158

      45th St Added Center Turn Lane Whitcomb St to Chase St costing

      $2,255,000 federal and

      $563,750 local

      45th St Added Center Turn Lane Colfax St to Chase St costing

      $9,928,142 federal and

      $2,482,036 local

      158

      Kennedy Ave Expansion Oak St to US 30 Complete by 2025

      [remove this project from projects Complete by 2025 and combine into Complete by 2030, see below]

      159

      Kennedy Ave Added Travel Lanes from Main St to Oak St Complete by 2030 costing $4,936,400 federal and $1,234,100 local

      Kennedy Ave Added Travel Lanes from Main St to US 30 Complete by 2030 costing $17,401,579 federal and $4,350,395 local



      image

      May 5, 2020

      6100 Southport Road

      Portage, Indiana 46368

      (219) 763-6060

      www.nirpc.org


      Public Comment Report

      Amendments #5, #6, & #7 to the 2020-2024 Transportation Improvement Program (TIP)

      Northwestern Indiana Regional Planning Commission May 21, 2020

      Amendments #5,# 6, and #7 of the 2020-2024 Transportation Improvement Program was released for a 21-day public comment period which began on March 5, 2020 and ended March 31, 2020. The amendments were made available at www.nirpc.org . No comments from the public were received during the comment period on the proposed amendments.

      NIRPC did receive several technical comments from the Interagency Consultation Group (ICG). FHWA asked for clarification on several projects. The comments and clarifications are:

      • P10. 1900009 – US 20 Br Replacement - this part of future capacity adding project? No, it is purely based on need and condition of bridge. However, the cities of Hammond and East Chicago requested that we look into accommodating a path system that is going through this area. So, the only capacity we are currently looking into is the possible addition of a trail. But that shouldn’t impact air quality other than perhaps in a positive way.

      • P10. 1900012 – US 6 Br Replacement - this part of future capacity adding project? No, this project is purely based on need and condition of the existing bridge.

      • P15. 2001051- US 6 Replace Superstructure - this part of future capacity adding project? Is this Des. Number correct? SPMS shows that the project with this Des. Number is a joint replacement project on I-

        94. Based on the Amendment that you sent; I believe that you are referring to 1900031. If that is correct, then that project was identified purely based on need and condition of the existing bridge and it is not part of a capacity adding project.

      • P16. 1900036 & 1900037 – SR 49 Replace Superstructure - this part of future capacity adding project? No, this project is purely based on need and condition of the existing bridge.

      • P17. 1900039 & 1900040 – I-65 Replace Superstructure - this part of future capacity adding

        project? Currently it is not part of an added capacity project. This project was identified purely based on need and condition. With that said, there is a possibility of it becoming part of an added capacity project or being designed with extra width to accommodate a future added capacity project on I-65.

      • P18. 1900041 & 1900042 - I-65 Replace Superstructure - this part of future capacity adding

        project? Currently it is not part of an added capacity project. This project was identified purely based on need and condition. With that said, there is a possibility of it becoming part of an added capacity project or being designed with extra width to accommodate a future added capacity project on I-65.

      • P19. 1900044 & 1900045 - I-65 Replace Superstructure - this part of future capacity adding

        project? Currently it is not part of an added capacity project. This project was identified purely based on need and condition. With that said, there is a possibility of it becoming part of an added capacity project or being designed with extra width to accommodate a future added capacity project on I-65.

      • P27. 1702833 – Br #186 – Need a better description of where this project is located? Should Project Type be changed to Br Replacement or Replace Superstructure from Bridge Rehabilitation? This project is a superstructure replacement, which by definition is a Bridge Rehabilitation. Also, a better description

has been added to the amendment. It now states: Bridge #186 CR S 652 West over Kankakee River. (3 mi south of SR8 and 3.5 mi east of US 421, North of English Lake) Superstructure replacement to replace existing deteriorated beams, improve bridge and roadway geometric deficiencies, and mitigate future deterioration and maintenance concerns.


In Addition:

Scott Weber has completed a conformity analysis for amendment #5, now #7, for the Kennedy Ave project. The analysis did not include the I-65 bridges that could potentially accommodate Added Travel Lanes. Since INDOT has not financially committed to adding travel lanes on I-65 between SR 2 and SR 10,

FHWA finds these projects to be exempt from conformity. FHWA has no comments on the conformity finding analysis that is currently out for review.


Lastly:

EPA would advise based on FHWA/EPA discussions earlier this year that NIRPC include PM10 in its conformity determination for the Lake County PM10 maintenance area. This can be done in the air quality review and other documentation by noting that while the Lake County area is a maintenance area for PM10, on March 11, 2003 (68 FR 1370), PM10 was determined to not be a significant contributor to PM10 concentrations in the area. You can cite the attached Federal Register notice where necessary in the air quality review process and TIP/Plan documentation along with the other relevant pollutants for transportation conformity.


Earlier this year FHWA indicated to EPA that while areas around the country had similar insignificance determinations for their PM10 areas, it looks like very few if any areas around the country had actually been including this information in their transportation conformity documentation and air quality reviews for many years. But in actuality areas are required to keep conforming PM10 TIPs and Plans until the 20-year maintenance period ends. Which, looking at the attached notice, should be 2023 for the Lake County area but I will have to double check with IDEM and our regulatory group to see about the second 10-year maintenance plan submittal date to be sure. I will follow up once I learn it.


Once EPA realized this, on our February EPA Regions conformity call I we were instructed to check our states and make sure that they are noting the finding of insignificance for PM10 in their reviews. So my emphasis is that this is not unique to NIRPC--someone at FHWA realized that very few areas if any across the country have been including this language for quite some time if ever. So this recommendation is meant to indicate that now is a good time to put that language in.


Approval by the IGC were given of this amendments #5, #6, and #7 on or before 4/29/2020.


image

6100 Southport Road

Portage, Indiana 46368

(219) 763-6060

www.nirpc.org


RESOLUTION 20-11

A RESOLUTION OF THE NORTHWESTERN INDIANA REGIONAL PLANNING COMMISSION AMENDING THE

FY 2020-2024 TRANSPORTATION IMPROVEMENT PROGRAMS FOR LAKE, PORTER, AND LAPORTE COUNTIES, INDIANA

AMENDMENT NO. 5

May 21, 2020


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 2020-2024 Transportation Improvement Programs are 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 NWI 2050 Plan; and


WHEREAS, the FY 2020-2024 Transportation Improvement Program is an implementation of the NWI 2050 Plan, is fiscally constrained, and is consistent with the State Implementation Plan for Air Quality; and


WHEREAS, the FY 2020-2024 Transportation Improvement Programs are 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 2020-2024 Transportation Improvement Programs brought about by this amendment were reviewed by the Air Quality Conformity Task Force’s Interagency Consultation Group (ICG); and


WHEREAS, the changes to the FY 2020-2024 Transportation Improvement Programs brought about by this amendment were subjected to public comment in the manner prescribed by the 2019 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 2020-2024 Transportation Improvement Programs.


NOW, THEREFORE, BE IT RESOLVED that the Northwestern Indiana Regional Planning Commission hereby amends the FY 2020-2024 Transportation Improvement Programs 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 May 2020.



image

Michael Griffin Chairperson


ATTEST:



image

Justin Kiel Secretary

FED FY

REVENUE SOURCE

PE

RW

CN

CE

TOTAL

2021

CMAQ Chicago UZA

$0

$0

$1,651,944

$0

$1,651,944

2021

Local Fund

$0

$0

$412,986

$0

$412,986

2020-2024 TOTAL

$0

$0

$2,064,930

$0

$2,064,930

ALL YEARS TOTAL

$0

$0

$2,064,930

$0

$2,064,930

FED FY

REVENUE SOURCE

PE

RW

CN

CE

TOTAL

2021

CMAQ Chicago UZA

$0

$0

$997,934

$0

$997,934

2021

Local Fund

$0

$0

$249,487

$0

$249,487

2020-2024 TOTAL

$0

$0

$1,247,421

$0

$1,247,421

ALL YEARS TOTAL

$0

$0

$1,247,421

$0

$1,247,421

FED FY

REVENUE SOURCE

PE

RW

CN

CE

TOTAL

2021

CMAQ Chicago UZA

$0

$0

$997,934

$0

$997,934

2021

Local Fund

$0

$0

$249,487

$0

$249,487

2020-2024 TOTAL

$0

$0

$1,247,421

$0

$1,247,421

ALL YEARS TOTAL

$0

$0

$1,247,421

$0

$1,247,421

FED FY

REVENUE SOURCE

PE

RW

CN

CE

TOTAL

2021

CMAQ Chicago UZA

$0

$0

$1,651,944

$0

$1,651,944

2021

Local Fund

$0

$0

$412,986

$0

$412,986

2020-2024 TOTAL

$0

$0

$2,064,930

$0

$2,064,930

ALL YEARS TOTAL

$0

$0

$2,064,930

$0

$2,064,930


1601147 (Ver 3) 20-07 STATUS Programmed

FEDERAL

Title: Multi-use Trail Program / Bike/Pedestrian Facilities at Marquette Trail

Route: N/A

Description: Marquette Greenway Trail portion within limits of Burns Harbor, SR149 to Babcock Rd

Project Type: Bicycle Enhancement AQ Exempt: Exempt

District: LaPorte

County: Porter Limits: Marquette Trail from 0 to 0 of Distance (mile) 1.4


Region: Northwestern MPO


Lead Agency:


Burns Harbor

Previously Approved Version

1601147 (Ver 2) 20-00

Title: Multi-use Trail Program / Bike/Pedestrian Facilities at Marquette Trail

Route: N/A

Description: Marquette Greenway Trail portion within limits of Burns Harbor, SR149 to Babcock Rd

Project Type: Bicycle Enhancement AQ Exempt: Non-Exempt

District: LaPorte

County: Porter Limits: Marquette Trail from 0 to 0 of Distance (mile) 1.4


Region: Northwestern MPO


Lead Agency:


Burns Harbor

FED FY

REVENUE SOURCE

PE

RW

CN

CE

TOTAL

2020

Local Fund

$0

$125,000

$0

$0

$125,000

2021

HSIP Chicago UZA

$0

$0

$1,100,160

$0

$1,100,160

2021

Local Fund

$0

$0

$1,265,000

$0

$1,265,000

<2020

Prior

$295,267

$0

$0

$0

$295,267

2020-2024 TOTAL

$0

$125,000

$2,365,160

$0

$2,490,160

ALL YEARS TOTAL

$295,267

$125,000

$2,365,160

$0

$2,785,427

FED FY

REVENUE SOURCE

PE

RW

CN

CE

TOTAL

2020

Local Fund

$0

$125,000

$0

$0

$125,000

2021

HSIP Chicago UZA

$0

$0

$1,100,160

$0

$1,100,160

2021

Local Fund

$0

$0

$1,265,000

$0

$1,265,000

<2020

Prior

$295,267

$0

$0

$0

$295,267

2020-2024 TOTAL

$0

$125,000

$2,365,160

$0

$2,490,160

ALL YEARS TOTAL

$295,267

$125,000

$2,365,160

$0

$2,785,427



1601158 (Ver 4) 20-07 STATUS Programmed

FEDERAL

Title: Roadway Improvement Program / Intersection Improvements (Roundabout) at 109th Ave at Iowa St.

Route: N/A

Description: 109th is a very busy road with a high crash count. This will improve traffic flow and make this intersection safer.

Project Type: Intersection or Intersection Groups AQ Exempt: Exempt

District: LaPorte

County: Lake Limits: Primary Crossstreet: 109th, Secondary Crossstreet: Iowa


Region: Northwestern MPO Lead Agency:


Crown Point

FED FY

REVENUE SOURCE

PE

RW

CN

CE

TOTAL

2020

Local Fund

$0

$125,000

$0

$0

$125,000

2021

Local Fund

$0

$0

$1,265,000

$0

$1,265,000

<2020

Prior

$295,267

$0

$0

$0

$295,267

2020-2024 TOTAL

$0

$125,000

$1,265,000

$0

$1,390,000

ALL YEARS TOTAL

$295,267

$125,000

$1,265,000

$0

$1,685,267

FED FY

REVENUE SOURCE

PE

RW

CN

CE

TOTAL

2020

Local Fund

$0

$125,000

$0

$0

$125,000

2021

Local Fund

$0

$0

$1,265,000

$0

$1,265,000

<2020

Prior

$295,267

$0

$0

$0

$295,267

2020-2024 TOTAL

$0

$125,000

$1,265,000

$0

$1,390,000

ALL YEARS TOTAL

$295,267

$125,000

$1,265,000

$0

$1,685,267


Previously Approved Version

1601158 (Ver 3) 20-03

Title: Roadway Improvement Program / Intersection Improvements (Roundabout) at 109th Ave at Iowa St.

Route: N/A

Description: 109th is a very busy road with a high crash count. This will improve traffic flow and make this intersection safer.

Project Type: Intersection or Intersection Groups AQ Exempt: Non-Exempt

District: LaPorte

County: Lake Limits: Primary Crossstreet: 109th, Secondary Crossstreet: Iowa


Region: Northwestern MPO Lead Agency:


Crown Point

FED FY

REVENUE SOURCE

PE

RW

CN

CE

TOTAL

2020

HSIP Chicago UZA

$0

$0

$1,291,500

$0

$1,291,500

2020

Local Fund

$0

$0

$452,954

$0

$452,954

<2020

Prior

$335,773

$296,800

$0

$0

$632,573

2020-2024 TOTAL

$0

$0

$1,744,454

$0

$1,744,454

ALL YEARS TOTAL

$335,773

$296,800

$1,744,454

$0

$2,377,027

FED FY

REVENUE SOURCE

PE

RW

CN

CE

TOTAL

2020

HSIP Chicago UZA

$0

$0

$1,291,500

$0

$1,291,500

2020

Local Fund

$0

$0

$452,954

$0

$452,954

<2020

Prior

$335,773

$296,800

$0

$0

$632,573

2020-2024 TOTAL

$0

$0

$1,744,454

$0

$1,744,454

ALL YEARS TOTAL

$335,773

$296,800

$1,744,454

$0

$2,377,027



1601157 (Ver 5) 20-07 STATUS Programmed FEDERAL

Title: Roadway Improvement Program / 109th Ave, Delaware Pkwy to SR 53, includes median construction Route: N/A

Description: 109th Ave Access Control, Delaware Pkwy to SR 53, includes median construction in Crown Point. This will improve the congestion and flow of traffic in this area. This project is exempt from the requirement to determine conformity. This project is expected to be substantially complete by November 15, 2020.

Project Type: Roadway Reconstruction/Rehabilitation AQ Exempt: Exempt District: LaPorte

County: Lake Limits: From Derlaware Pkwy to Broadway of Distance (mile) 0.29


Region: Northwestern MPO Lead Agency: Crown Point

FED FY

REVENUE SOURCE

PE

RW

CN

CE

TOTAL

2020

HSIP Chicago UZA

$0

$0

$1,098,000

$0

$1,098,000

2020

Local Fund

$0

$0

$122,000

$0

$122,000

<2020

Prior

$335,773

$296,800

$0

$0

$632,573

2020-2024 TOTAL

$0

$0

$1,220,000

$0

$1,220,000

ALL YEARS TOTAL

$335,773

$296,800

$1,220,000

$0

$1,852,573

FED FY

REVENUE SOURCE

PE

RW

CN

CE

TOTAL

2020

HSIP Chicago UZA

$0

$0

$1,098,000

$0

$1,098,000

2020

Local Fund

$0

$0

$122,000

$0

$122,000

<2020

Prior

$335,773

$296,800

$0

$0

$632,573

2020-2024 TOTAL

$0

$0

$1,220,000

$0

$1,220,000

ALL YEARS TOTAL

$335,773

$296,800

$1,220,000

$0

$1,852,573


Previously Approved Version

1601157 (Ver 4) 20-00

Title: Roadway Improvement Program / 109th Ave, Delaware Pkwy to SR 53, includes median construction Route: N/A

Description: 109th Ave Access Control, Delaware Pkwy to SR 53, includes median construction in Crown Point. This will improve the congestion and flow of traffic in this area. This project is exempt from the requirement to determine conformity. This project is expected to be substantially complete by November 15, 2020.

Project Type: Roadway Reconstruction/Rehabilitation AQ Exempt: Non-Exempt District: LaPorte

County: Lake Limits: From Derlaware Pkwy to Broadway of Distance (mile) 0.29


Region: Northwestern MPO Lead Agency: Crown Point

FED FY

REVENUE SOURCE

PE

RW

CN

CE

TOTAL

2021

Local Fund

$810,000

$0

$0

$0

$810,000

2023

Local Fund

$0

$0

$3,450,000

$0

$3,450,000

2023

STBG Chicago UZA

$0

$0

$3,300,000

$0

$3,300,000

2020-2024 TOTAL

$810,000

$0

$6,750,000

$0

$7,560,000

ALL YEARS TOTAL

$810,000

$0

$6,750,000

$0

$7,560,000

FED FY

REVENUE SOURCE

PE

RW

CN

CE

TOTAL

2021

Local Fund

$810,000

$0

$0

$0

$810,000

2023

Local Fund

$0

$0

$3,450,000

$0

$3,450,000

2023

STBG Chicago UZA

$0

$0

$3,300,000

$0

$3,300,000

2020-2024 TOTAL

$810,000

$0

$6,750,000

$0

$7,560,000

ALL YEARS TOTAL

$810,000

$0

$6,750,000

$0

$7,560,000



1902700 (Ver 1) 20-07 STATUS New Project

FEDERAL

Title: Pavement Rehabilitation - Summer St

Route: N/A

Description: Pavement Rehabilitation/Reconstruction 3R-4R. Summer St from Columbia Ave to Willis St

Project Type: Roadway Reconstruction/Rehabilitation AQ Exempt: Exempt

District: LaPorte

County: Lake Limits: From Columbia Ave to Willis of Distance (mile) 0.5


Region: Northwestern MPO


Lead Agency:


Hammond

FED FY

REVENUE SOURCE

PE

RW

CN

CE

TOTAL

2023

CMAQ Chicago UZA

$0

$0

$2,992,400

$0

$2,992,400

2023

Local Fund

$0

$0

$748,100

$0

$748,100

2020-2024 TOTAL

$0

$0

$3,740,500

$0

$3,740,500

ALL YEARS TOTAL

$0

$0

$3,740,500

$0

$3,740,500

FED FY

REVENUE SOURCE

PE

RW

CN

CE

TOTAL

2023

CMAQ Chicago UZA

$0

$0

$2,992,400

$0

$2,992,400

2023

Local Fund

$0

$0

$748,100

$0

$748,100

2020-2024 TOTAL

$0

$0

$3,740,500

$0

$3,740,500

ALL YEARS TOTAL

$0

$0

$3,740,500

$0

$3,740,500

FED FY

REVENUE SOURCE

PE

RW

CN

CE

TOTAL

2023

CMAQ Chicago UZA

$0

$0

$2,992,400

$0

$2,992,400

2023

Local Fund

$0

$0

$748,100

$0

$748,100

2020-2024 TOTAL

$0

$0

$3,740,500

$0

$3,740,500

ALL YEARS TOTAL

$0

$0

$3,740,500

$0

$3,740,500

FED FY

REVENUE SOURCE

PE

RW

CN

CE

TOTAL

2023

CMAQ Chicago UZA

$0

$0

$2,992,400

$0

$2,992,400

2023

Local Fund

$0

$0

$748,100

$0

$748,100

2020-2024 TOTAL

$0

$0

$3,740,500

$0

$3,740,500

ALL YEARS TOTAL

$0

$0

$3,740,500

$0

$3,740,500


1902707 (Ver 2) 20-07 STATUS Programmed

FEDERAL

Title: Roundabout Hobart - 61st Ave & Marcella Dr

Route: N/A

Description: Roundabout to aid in congestion of a busy intersection near an commercial park

Project Type: Intersection or Intersection Groups AQ Exempt: Exempt

District: LaPorte

County: Lake Limits: Primary Crossstreet: 61st Ave, Secondary Crossstreet: Marcella Dr


Region: Northwestern MPO Lead Agency:


Hobart

Previously Approved Version

NIRPC16004 (Ver 1) 20-00

Title: Roundabout Hobart - 61st Ave & Marcella Dr

Route: N/A

Description: Roundabout to aid in congestion of a busy intersection near an commercial park

Project Type: Intersection or Intersection Groups AQ Exempt: Non-Exempt

District: LaPorte

County: Lake Limits: Primary Crossstreet: 61st Ave, Secondary Crossstreet: Marcella Dr


Region: Northwestern MPO Lead Agency:


Hobart

FED FY

REVENUE SOURCE

PE

RW

CN

CE

TOTAL

2021

State Match

$20,000

$0

$0

$0

$20,000

2022

State Match

$0

$0

$110,000

$0

$110,000

2020-2024 TOTAL

$20,000

$0

$110,000

$0

$130,000

ALL YEARS TOTAL

$20,000

$0

$110,000

$0

$130,000

FED FY

REVENUE SOURCE

PE

RW

CN

CE

TOTAL

2020

State Match

$0

$0

$30,000

$0

$30,000

2021

State Match

$0

$0

$1,013,925

$0

$1,013,925

2020-2024 TOTAL

$0

$0

$1,043,925

$0

$1,043,925

ALL YEARS TOTAL

$0

$0

$1,043,925

$0

$1,043,925

FED FY

REVENUE SOURCE

PE

RW

CN

CE

TOTAL

2020

State Match

$0

$0

$30,000

$0

$30,000

2021

State Match

$0

$0

$1,013,925

$0

$1,013,925

2020-2024 TOTAL

$0

$0

$1,043,925

$0

$1,043,925

ALL YEARS TOTAL

$0

$0

$1,043,925

$0

$1,043,925

FED FY

REVENUE SOURCE

PE

RW

CN

CE

TOTAL

2021

State Match

$20,000

$0

$0

$0

$20,000

2022

State Match

$0

$0

$110,000

$0

$110,000

2020-2024 TOTAL

$20,000

$0

$110,000

$0

$130,000

ALL YEARS TOTAL

$20,000

$0

$110,000

$0

$130,000



2000998 (Ver 1) 20-07 STATUS New Project

STATE

Title: District Bridge Project (Rehabilitation)

Route: N/A

Description: Arch Reconstruction Or Repair, SR 8 over DAVIDSON DRAIN, 01.00 W SR 39

Project Type: Arch Reconstruction Or Repair AQ Exempt: Exempt

District: LaPorte

County: Laporte Limits:


Region: Northwestern MPO


Lead Agency:


INDOT


1701165 (Ver 1) 20-07 STATUS New Project

STATE

Title: District Bridge Project

Route: N/A

Description: Bridge Deck Overlay, US 12 US 12/SR 912 at CXS RR, 0.09 mi W of SR 312

Project Type: Bridge Deck Overlay AQ Exempt: Exempt

District: LaPorte

County: Lake Limits:


Region: Northwestern MPO


Lead Agency:


INDOT

FED FY

REVENUE SOURCE

PE

RW

CN

CE

TOTAL

2020

State Match

$55,500

$0

$0

$0

$55,500

2021

State Match

$0

$0

$221,433

$12,000

$233,433

2020-2024 TOTAL

$55,500

$0

$221,433

$12,000

$288,933

ALL YEARS TOTAL

$55,500

$0

$221,433

$12,000

$288,933

FED FY

REVENUE SOURCE

PE

RW

CN

CE

TOTAL

2021

State Match

$25,200

$0

$0

$0

$25,200

2022

State Match

$0

$0

$140,000

$30,000

$170,000

2020-2024 TOTAL

$25,200

$0

$140,000

$30,000

$195,200

ALL YEARS TOTAL

$25,200

$0

$140,000

$30,000

$195,200

FED FY

REVENUE SOURCE

PE

RW

CN

CE

TOTAL

2021

State Match

$25,200

$0

$0

$0

$25,200

2022

State Match

$0

$0

$140,000

$30,000

$170,000

2020-2024 TOTAL

$25,200

$0

$140,000

$30,000

$195,200

ALL YEARS TOTAL

$25,200

$0

$140,000

$30,000

$195,200

FED FY

REVENUE SOURCE

PE

RW

CN

CE

TOTAL

2020

State Match

$55,500

$0

$0

$0

$55,500

2021

State Match

$0

$0

$221,433

$12,000

$233,433

2020-2024 TOTAL

$55,500

$0

$221,433

$12,000

$288,933

ALL YEARS TOTAL

$55,500

$0

$221,433

$12,000

$288,933



1900816 (Ver 1) 20-07 STATUS New Project

STATE

Title: District Bridge Project

Route: N/A

Description: Bridge Deck Sealing, SR 49 Over I-94 EB/WB, 1.02mi S of US 20 in Porter County

Project Type: Bridge Deck Sealing AQ Exempt: Exempt

District: LaPorte

County: Porter Limits:


Region: Northwestern MPO


Lead Agency:


INDOT


2001039 (Ver 1) 20-07 STATUS

New Project

STATE

Title: District Bridge Project (Rehabilitation)

Route: N/A

Description: Bridge Painting, I 94 over I-94 EB/WB, 01.67 W SR 49

Project Type: Bridge Painting AQ Exempt:

Exempt

District: LaPorte

County: Porter Limits:


Region: Northwestern MPO


Lead Agency:


INDOT

FED FY

REVENUE SOURCE

PE

RW

CN

CE

TOTAL

2021

State Match

$420,000

$0

$0

$0

$420,000

2023

State Match

$0

$0

$15,000

$0