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HomeMy WebLinkAbout10-1 Resolution No. 10-1 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH CONGRESS FOR THE NEW URBANISM, INC. FOR A SUSTAINABLE STREET NETWORK PROJECT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that Sean R. Stegall, City Manager, and Diane Robertson, City Clerk,be and are hereby authorized and directed to execute an Agreement with Congress for the New Urbanism,Inc. on behalf of the City of Elgin for a sustainable street network project, a copy of which is attached hereto and made a part hereof by reference. s/Ed Schock Ed Schock, Mayor Presented: January 13, 2010 Adopted: January 13, 2010 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/Diane Robertson Diane Robertson, City Clerk AGREEMENT THIS AGREEMENT is made and entered into this°}T day of D,r-cmkr,2009,by and between the CITY OF ELGIN, an Illinois municipal corporation (hereinafter referred to as "CITY") and CONGRESS FOR THE NEW URBANISM, INC., a not-for-profit corporation organized and existing under the laws of the State of Florida and authorized to do business in the State of Illinois (hereinafter referred to as"CONSULTANT"). WHEREAS,the CONSULTANT is a leader in providing transportation reforms as well as restoring urban form and practices to cities; and WHEREAS,the CONSULTANT has partnered with the Institute of Transportation Engineers,the US Environmental Protection Agency and the Federal Highway Administration to create a street design guide manual for engineers and planners called"Context Sensitive Solutions In Designing Major Urban Thoroughfares for Walkable Communities", and is approaching the implementation phase and such draft manual is ready for publication,as an ITE recommended practice; and WHEREAS,the CITY desires to engage the CONSULTANT to furnish certain professional services in connection with creating a sustainable streets plan for the CITY based upon the newly developed Proposed Recommended Practice, Context Sensitive Solutions in Designing Major Urban Thoroughfares for Walkable Communities Manual (hereinafter referred to as the PROJECT);and WHEREAS, the CONSULTANT represents that it has the necessary expertise and experience to furnish such services upon the terms and conditions set forth herein below. NOW,THEREFORE,it is hereby agreed by and between the CITY and the CONSULTANT that the CITY does hereby retain the CONSULTANT for and in consideration of the mutual promises and covenants contained herein,the sufficiency of which is hereby acknowledged to perform the services relating to the PROJECT as described herein, subject to the following terms and conditions and stipulations,to-wit: I. SCOPE OF SERVICES A. All work hereunder shall be performed under the direction of the Community Development Director of the CITY,herein after referred to as the"DIRECTOR". B. CONSULTANT shall perform for the CITY the services for the PROJECT as outlined in the"Congress For the New Urbanism Context Sensitive Solutions(CSS) in Elgin, Illinois "The Elgin Pilot"", consisting of seven (7) pages (page 2 of 8 through 8 of 8)attached hereto and made a part hereof as Exhibit A. It is agreed and understood that only Phase 1 services as described in Exhibit A are being authorized pursuant to this Agreement. Authorization for Phase 2 services will require a written amendment to this Agreement approved by the city council of the CITY. 2. PROGRESS REPORTS A. A project schedule for the PROJECT is included in Exhibit A, attached hereto. Progress will be recorded on the project schedule and submitted monthly as a component of the Status Report described in C below. B. The CONSULTANT will submit to the DIRECTOR monthly a status report keyed to the project schedule.A brief narrative will be provided identifying progress,findings and outstanding issues. 3. WORK PRODUCTS All work products prepared by the CONSULTANT pursuant hereto including, but not limited to,reports,plans,designs,calculations,work drawings,studies,photographs,models and recommendations shall be the property of the CITY and shall be delivered to the CITY upon request of the DIRECTOR provided, however, that the CONSULTANT may retain copies of such work products for its records. Such work products are not intended or represented to be suitable for reuse by the CITY on any extension to the PROJECT or on any other project, and such reuse shall be at the sole risk of the CITY without liability or legal exposure to the CONSULTANT. 4. PAYMENTS TO THE CONSULTANT A. The CITY shall reimburse the CONSULTANT for Phase 1 services pursuant to this Agreement the total amount not to exceed Fifty Thousand Dollars ($50,000), regardless of actual Costs incurred by the CONSULTANT unless substantial modifications to the PROJECT are authorized in writing by the DIRECTOR. B. The CITY shall make periodic payments to the CONSULTANT based upon actual progress within 30 days after receipt and approval of invoice. Said periodic payments to the CONSULTANT shall not exceed the amounts shown in the proposed budget in Exhibit A hereto,and full payments for each task shall not be made until the task is completed and accepted by the DIRECTOR. C. It is agreed and understood that the CONSULTANT will be making an application to the Grand Victoria Foundation requesting One Hundred Twenty-Five Thousand Dollars($125,000)to fund the PROJECT. In the event the CONSULTANT obtains such funding from the Grand Victoria Foundation Fifty Thousand Dollars($50,000) of such One Hundred Twenty-Five Thousand Dollars($125,000)of funding will be paid by the CONSULTANT to the CITY as reimbursement to the CITY for the Phase 1 services for the PROJECT provided for in this Agreement. -2 - 5. INVOICES A. The CONSULTANT shall submit invoices in a format approved by the CITY. Progress reports(2C above)will be included with all payment requests. B. The CONSULTANT shall maintain records showing actual time devoted and cost incurred. The CONSULTANT shall permit the authorized representative of the CITY to inspect and audit all data and records of the CONSULTANT for work done under this Agreement. The CONSULTANT shall make these records available at reasonable times during the Agreement period,and for a year after termination of this Agreement. 6. TERMINATION OF AGREEMENT Notwithstanding any other provision hereof,the CITY may terminate this Agreement at any time upon fifteen(15)days prior written notice to the CONSULTANT.In the event that this Agreement is so terminated, the CONSULTANT shall be paid for services actually performed and reimbursable expenses actually incurred prior to termination, except that reimbursement shall not exceed the task amounts set forth under Paragraph 4 above. 7. TERM This Agreement shall become effective as of the date the CONSULTANT is given a notice to proceed and, unless terminated for cause or pursuant to paragraph 6, shall be deemed concluded on the date the CITY determines that all of the CONSULTANT'S work under this Agreement is completed. A determination of completion shall not constitute a waiver of any rights or claims which the CITY may have or thereafter acquire with respect to any term or provision of the Agreement. 8. NOTICE OF CLAIM If the CONSULTANT wishes to make a claim for additional compensation as a result of action taken by the CITY,the CONSULTANT shall give written notice of his claim within 15 days after occurrence of such action. No claim for additional compensation shall be valid unless so made. Any changes in the CONSULTANT'S fee shall be valid only to the extent that such changes are included in writing signed by the CITY and the CONSULTANT. Regardless of the decision of the DIRECTOR relative to a claim submitted by the CONSULTANT,all work required under this Agreement as determined by the DIRECTOR shall proceed without interruption. 9. BREACH OF CONTRACT If either party violates or breaches any term of this Agreement,such violation or breach shall be deemed to constitute a default, and the other party has the right to seek such administrative,contractual or legal remedies as may be suitable to the violation or breach; and,in addition,if either party,by reason of any default, fails within fifteen(15)days after - 3 - notice thereof by the other party to comply with the conditions of the Agreement,the other party may terminate this Agreement. Notwithstanding the foregoing,or anything else to the contrary in this Agreement,with the sole exception of an action to recover the monies the CITY has agreed to pay to the CONSULTANT pursuant to paragraph 4 hereof, no action shall be commenced by the CONSULTANT against the CITY for monetary damages. 10. INDEMNIFICATION To the fullest extent permitted by law,CONSULTANT agrees to and shall indemnify,defend and hold harmless the CITY,its officers,employees,agents,boards and commissions from and against any and all claims, suits,judgments, costs, attorneys fees, damages or other relief,including but not limited to workers compensation claims, in any way resulting from or arising out of negligent actions or omissions of the CONSULTANT in connection herewith,including negligence or omissions of employees or agents of the CONSULTANT arising out of the performance of this Agreement. In the event of any action against the CITY,its officers,employees,agents,boards or commissions,covered by the foregoing duty to indemnify,defend and hold harmless such action shall be defended by legal counsel of the CITY'S choosing. The provisions of this paragraph shall survive any expiration,completion and/or termination of this Agreement. 11. NO PERSONAL LIABILITY No official, director,officer,agent or employee of the CITY shall be charged personally or held contractually liable under any term or provision of this Agreement or because of their execution, approval or attempted execution of this Agreement. 12. INSURANCE A. Comprehensive Liability. The CONSULTANT shall provide,pay for and maintain in effect, during the term of this Agreement, a policy of comprehensive general liability insurance with limits of at least$1,000,000 aggregate for bodily injury and $1,000,000 aggregate for property damage. The CONSULTANT shall deliver to the DIRECTOR a Certification of Insurance naming the CITY as additional insured. The policy shall not be modified or terminated without thirty(30)days prior written notice to the DIRECTOR. The Certificate of Insurance which shall include Contractual obligation assumed by the CONSULTANT under Article 10 entitled"Indemnification"shall be provided. This insurance shall apply as primary insurance with respect to any other insurance or self-insurance programs afforded to the CITY. There shall be no endorsement or modification of this insurance to make it excess over other available insurance, alternatively,if the insurance states that it is excess or prorated,it shall be endorsed to be primary with respect to the CITY. -4 - B. Comprehensive Automobile Liability. Comprehensive Automobile Liability Insurance covering all owned,non-owned and hired motor vehicles with limits of not less than$500,000 per occurrence for damage to property. C. Combined Single Limit Policy. The requirements for insurance coverage for the general liability and auto exposures may be met with a combined single limit of $1,000,000 per occurrence subject to a$1,000,000 aggregate. 13. CONSTRUCTION MEANS,METHODS,TECHNIQUES, SEQUENCES, PROCEDURES AND SAFETY The CONSULTANT shall not have control over or charge of and shall not be responsible for construction means,methods,techniques,sequences or procedures,or for safety precautions and programs in connection with the construction,unless specifically identified in the Scope of Services. 14. NONDISCRIMINATION In all hiring or employment made possible or resulting from this Agreement,there shall be no discrimination against any employee or applicant for employment because of sex,age,race, color,creed,national origin,marital status,of the presence of any sensory,mental or physical handicap, unless based upon a bona fide occupational qualification, and this requirement shall apply to, but not be limited to, the following: employment advertising, layoff or termination,rates o f pay or other forms of compensation and selection for training,including apprenticeship. No person shall be denied or subjected to discrimination in receipt of the benefit of any services or activities made possible by or resulting from this Agreement on the grounds of sex,race,color,creed,national origin, age except minimum age and retirement provisions, marital status or the presence of any sensory,mental or physical handicap. Any violation of this provision shall be considered a violation of a material provision of this Agreement and shall be grounds for cancellation, termination or suspension, in whole or in part, of the Agreement by the CITY. 15. ASSIGNMENT AND SUCCESSORS This Agreement and each and every portion thereof shall be binding upon the successors and the assigns of the parties hereto; provided, however, that no assignment shall be made without the prior written consent of the CITY. - 5 - 16. DELEGATIONS AND SUBCONTRACTORS Any assignment,delegation or subcontracting shall be subject to all the terms,conditions and other provisions of this Agreement and the CONSULTANT shall remain liable to the CITY with respect to each and every item,condition and other provision hereof to the same extent that the CONSULTANT would have been obligated if it had done the work itself and no assignment, delegation or subcontract had been made. Any proposed subcontractor shall require the CITY'S advanced written approval. 17. NO CO-PARTNERSHIP OR AGENCY This Agreement shall not be construed so as to create a partnership, joint venture, employment or other agency relationship between the parties hereto. 18. SEVERABILITY The parties intend and agreed that, if any paragraph,sub-paragraph,phrase,clause or other provision of this Agreement, or any portion thereof, shall be held to be void or otherwise unenforceable, all other portions of this Agreement shall remain in full force and effect. 19. HEADINGS The headings of the several paragraphs of this Agreement are inserted only as a matter of convenience and for reference and in no way are they intended to define,limit or describe the scope of intent of any provision of this Agreement,nor shall they be construed to affect in any manner the terms and provisions hereof or the interpretation or construction thereof. 20. MODIFICATION OR AMENDMENT This Agreement and its attachments constitutes the entire Agreement of the parties on the subject matter hereof and may not be changed,modified,discharged or extended except by written amendment duly executed by the parties. Each party agrees that no representations or warranties shall be binding upon the other party unless expressed in writing herein or in a duly executed amendment hereof,or change order as herein provided. 21. APPLICABLE LAW This Agreement shall be deemed to have been made in,and shall be construed in accordance with the laws of the State of Illinois. Venue for the resolution of any disputes or the enforcement of any rights pursuant to this Agreement shall be in the Circuit Court of Kane County, Illinois. -6 - 22. NEWS RELEASES The CONSULTANT may not issue any news releases without prior approval from the DIRECTOR, nor will the CONSULTANT make public proposals developed under this Agreement without prior written approval from the DIRECTOR prior to said documentation becoming matters of public record. 23. COOPERATION WITH OTHER CONSULTANTS The CONSULTANT shall cooperate with any other consultants in the CITY'S employ or any work associated with the PROJECT. 24. INTERFERENCE WITH PUBLIC CONTRACTING The CONSULTANT certifies hereby that it is not barred from bidding on this contract as a result of a violation of 720 ILCS 5/33E et seq.or any similar state or federal statute regarding bid rigging. 25. SEXUAL HARASSMENT As a condition of this contract, the CONSULTANT shall have written sexual harassment policies that include, at a minimum,the following information: A. the illegality of sexual harassment; B. the definition of sexual harassment under state law; C. a description of sexual harassment,utilizing examples; D. the vendor's internal complaint process including penalties; E. the legal recourse,investigative and complaint process available through the Illinois Department of Human Rights, and the Illinois Human Rights Commission; F. directions on how to contact the department and commission; G. protection against retaliation as provided by Section 6-101 of the Human Rights Act. A copy of the policies shall be provided by CONSULTANT to the Department of Human Rights upon request 775 ILCS 5/2-105. 26. SUBSTANCE ABUSE PROGRAM. As a condition of this agreement, CONSULTANT shall have in place a written substance - 7 - • abuse prevention program which meets or exceeds the program requirements in the Substance Abuse Prevention Public Works Project Act at 820 ILCS 265/1 et seg. A copy of such policy shall be provided to the City's Assistant City Manager prior to the entry into and execution of this agreement. 27. WRITTEN COMMUNICATIONS All recommendations and other communications by the CONSULTANT to the DIRECTOR and to other participants which may affect cost or time of completion, shall be made or confirmed in writing. The DIRECTOR may also require other recommendations and communications by the CONSULTANT be made or confirmed in writing. 28. NOTICES All notices, reports and documents required under this Agreement shall be in writing and shall be mailed by First Class Mail,postage prepaid, addressed as follows: A. As to CITY: Jerry Deering Community Development Director City of Elgin 150 Dexter Court Elgin,Illinois 60120-5555 B. As to CONSULTANT: Abigail Bouzan-Kaloustian Administration and Finance Director Congress for the New Urbanism 140 S.Dearborn St., Ste.404 Chicago, IL 60603 29. COMPLIANCE WITH LAWS Notwithstanding any other provision of this AGREEMENT it is expressly agreed and understood that in connection with the performance of this AGREEMENT that the CONSULTANT shall comply with all applicable Federal,State,City and other requirements of law,including,but not limited to,any applicable requirements regarding prevailing wages, minimum wage, workplace safety and legal status of employees. Without limiting the foregoing, CONSULTANT hereby certifies, represents and warrants to the CITY that all CONSULTANT'S employees and/or agents who will be providing products and/or services with respect to this AGREEMENT shall be legal residents of the United States. CONSULTANT shall also at its expense secure all permits and licenses,pay all charges and fees and give all notices necessary and incident to the due and lawful prosecution of the - 8 - work, and/or the products and/or services to be provided for in this AGREEMENT. The CITY shall have the right to audit any records in the possession or control of the CONSULTANT to determine CONSULTANT'S compliance with the provisions of this section. In the event the CITY proceeds with such an audit the CONSULTANT shall make available to the CITY the CONSULTANT'S relevant records at no cost to the CITY. CONSULTANT shall pay any and all costs associated with any such audit. IN WITNESS WHEREOF,the parties hereto have entered into and executed this agreement effective as of the date and year first written above. FOR THE CITY: FOR TH ei• S : By � .D#4. c y: si/i�. ' , , Z C. Manager City Clerk F:\Legal Dept\Agreement\Congress For the New Urbanism-Consultant Agr-clean 12-9-09.docx - 9- CONGRESS I OR Till Congress for the New Urbanism Niv Context Sensitive Solutions (CSS) in Elgin, URBANISM Illinois "The Elgin Pilot" The "Elgin Pilot" is scheduled to take one calendar year to complete. The project outline and description were broken down into two phases. Phase One covers January 2010 - March 2010 and will cost approximately $50, 000 to complete. Phase Two runs from April 2010 - December 21010 and will cost $125, 000 to complete. PHASE ONE Scope of Services: • CNU will hold a meeting with Elgin City staff, CNU staff and leading new urbanist street design experts. • CNU will examine aligning Elgin' s existing urban fabric with the forthcoming CNU/ITE CSS manual. • CNU will create a basic guide outlining how the city can begin to implement Context Sensitive Solutions, including necessary policy changes. • CNU and Elgin officials will present the plan to a national audience at ITE' s technical conference in Savannah, GA March 14-17, 2010. Project Goals: • Create a plan outline that aligns streets and network guidelines in Elgin' s comprehensive plan with the forthcoming new national standard: Creating Walkable Urban Thoroughfares. • Present Elgin' s policies to national audiences and establish as a national model for creating context sensitive major urban thoroughfares. Project Timeline: January 2010: In-Person Meeting Location: City of Elgin offices Participants: Lucy Gibson, Norman Garrick, Doug Farr, City of Elgin staff, CNU staff CEO John Norquist and Heather Smith and ITE CEO Phil Caruso. Goals: Present key concepts of the CSS Manual . Share principles and key concepts from CNU/ITE context sensitive design manual . Exhibit A Page 2 of.8 Identify key projects or components of the street design plan that Elgin staff wish to implement. Page 3 of 8 February 2010: Plan Outline Location: Virtual Participants: Lucy Gibson, Norman Garrick, Doug Farr, City of Elgin staff and CNU staff Goal : Create a plan outline for how the City of Elign can align the street and network guidelines in their comprehensive plan with the upcoming CSS manual . March 14-17, 2010: Plan Presentation Location: ITE technical meeting in Savannah, GA Participants: CNU staff and City of Elgin staff Goal : Present "Elgin Pilot" to a national audience for review. PHASE TWO Scope of Services: • CNU and Elgin will formalize a streets strategy based on the ITE Guide for Elgin, but also aimed as a model for other municipalities . o Kane County Regional Planning and Illinois DOT officials will be invited to participate at this stage. • Elgin and CNU will produce a descriptive report, "the Elgin Pilot" , including an outline of the procedure followed, to be distributed nationally through CNU and ITE. • Elgin, CNU and ITE will organize and hold an all day information and training session for Illinois municipalities. • Elgin and CNU will organize and host an in depth meeting with IDOT, Governor Quinn and the larger regional planning agency to discuss Elgin' s streets strategy and IDOT policies that effect the strategy' s likelihood of success. o The meeting will also serve to educate and inform state DOT using Elgin as an example of how to apply the context sensitive solutions manual to a city with a diverse system of traditional, contemporary and yet-to-be-built streets. Project Goals: • CNU will create the "Elgin Report" for use as education and training materials for other cities looking to replicate the process. Page4of8 o CNU and ITE will distribute this report nationally. • CNU will work with Elgin staff to present specific policy changes to Governor Quinn, IDOT, and the larger regional planning agency in a final meeting. Page 5 of 8 Project Timeline: April 2010: Local Presentation of Plan Outline Location: City of Elgin offices Participants: Lucy Gibson, Norman Garrick, Doug Farr, the City of Elgin staff, CNU staff, Kane County Regional Planning Representatives and Illinois DOT officials Goal : Present key concepts and policy changes to newcomers- Kane Country Regional Planning Representatives and Illinois DOT officials. Identify specific policy changes to support Elgin' s street design goals. April-July 2010: "Elgin Pilot" Report Location: Virtually Participants: City of Elgin Staff, CNU Staff, Kane County Regional Planning Representatives and Illinois DOT officials Goal : Expand the initial outline into a full report that includes procedural and outcome details. August 2010: Final Presentation Location: Downtown Chicago-possibly at CMAP Participants : Governor Quinn, and/or CDOT Secretary, members of Metropolitan Mayors Caucus, CMAP and IDOT staff, Kane County staff, CNU and City of Elgin staff . Goal: Present the results of previous meetings and work, specific street designs and policy recommendations. Present lessons learned for implementation, and removal of policy barriers at a state level . Influence state and national transportation legislation. September-December 2010: National Education Location: TBD (2-3 locations ideally in conjunction with CNU chapters) Participants: CNU staff, ITE staff and City of Elgin staff Goal : Educate and inform other cities/towns interested in replicating the work done in Elgin. Implementation: Page 6 of 8 Once completed, the City of Elgin will utilize the report findings and street network plan to amend the City' s Comprehensive Plan. The details of the plan will be, monitored on an annual basis to ensure the continued validity of the goals, objectives and policies. The implementation measures will be reviewed to determine their effectiveness and to identify any needed changes or enhancements. Page7of8 Proposed Project Budget: Total project costs are estimated at $125, 000 . The City of Elgin has approved a $50, 000 (reimbursable) grant to the CNU to start in January 2010 . This $50, 000 grant will cover all anticipated costs in Phase One . If approved for additional funding, CNU and the City will begin Phase Two in April 2010 . Funding requests for Phase Two total $125, 000 and include a $50, 000 reimbursement to the City for Phase One expenses. The proposed budget follows . Elgin Pilot- Proposed Budget Direct Labor Elgin Request GVF Request Total Project Budget President/CEO $5,000.00 $10,000.00 $15,000.00 Planning Director $7,500.00 $12,500.00 $20,000.00 Communications Director $3,500.00 $9,000.00 $12,500.00 Admin&Finance Director $1,000.00 $2,000.00 $3,000.00 Subtotal Labor $17,000.00 $33,500.00 $50,500.00 Fringe(22%) $3,740.00 $7,370.00 $11,110.00 Subtotal Labor&Benefits $20,740.00 $40,870.00 $61,610.00 Other Direct Costs Smart Mobility-Lucy Gibson $7,000.00 $6,950.00 $13,950.00 UConn-Norman Garrick $750.00 $750.00 $1,500.00 Farr Associates-Doug Farr $66.67 $118.03 $184.70 ITE-Phil Caruso $600.00 $600.00 CNU Interns $500.00 $- $500.00 Elgin Reimbursement $- $43,767.67 $43,767.67 Design Consultant $1,000.00 $- $1,000.00 Subtotal Contractual $9,916.67 $51,585.70 $61,50237 Non-Personnel Costs Catering $1,500.00 $7,000.00 $8,500.00 Facilities $- $5,000.00 $5,000.00 Books/Publications/Slides $4,000.00 $- $4,000.00 Supplies $600.00 $900.00 $1,500.00 Report Production $- $3,000.00 $3,000.00 Postage&Shipping $- $1,500.00 $1,500.00 AudioNisual $- $4,000.00 $4,000.00 ITE Conference Registrations $2,600.00 $- $2,600.00 Travel/Hotel/Per Diem $1,300.00 $5,000.00 $6,300.00 Subtotal Non-Personnel $10,000.00 $26,400.00 $36,400.00 Indirect Cost(15%) $3,111.00 $6,130.50 $9,241.50 Project Cost $43,767.67 $124,986.20 $168,753.87 Minus Elgin Reimbursement $(43,767.67) - Total Project Cost $124,986.20 Page 8 of 8 OF E4c, City of Elgin Agenda Item No. VEDNovember 25, 2009 kj f � } �N' TO: Mayor and Members of the City Council FROM: Sean R. Stegall, City Manager /eighlwiliood Dave Waden, Senior Planner SUBJECT: Proposed Agreement with Congress for the New Urbanism Regarding Sustainable Street Network Project PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information regarding a proposed agreement with the Congress for the New Urbanism regarding a sustainable street network project. RECOMMENDATION It is recommended that the Council approve Phase 1 of the agreement with the Congress for the New Urbanism regarding a sustainable street network project at an amount not to exceed $50,000 which will be funded by the Energy Efficient and Conservation Block Grant. BACKGROUND The Congress for the New Urbanism (CNU) is a Chicago based organization and is a leader in providing transportation reforms, as well as restoring urban form and practices to our cities. CNU has partnered with the Institute of Transportation Engineers (ITE), the US Environmental Protection Agency and the Federal Highway Administration to create a street design guide manual for engineers and planners. The manual called Context Sensitive Solutions in Designing Major Urban Thoroughfares for Walkable Communities is approaching the implementation phase and the draft manual is ready for publication, as an ITE Recommended Practice. The CNU is preparing to examine Elgin's existing street plans and standards and to create a plan and street strategy for Elgin based upon the Context Sensitive Solutions manual. The sustainable streets plan to be created will be presented in the spring at a technical meeting of ITE. The plan will also be presented at meetings with other Illinois municipalities and state officials and could serve as an example for other communities throughout the state and the United States. The proposed agreement divides the scope of services into two phases. Phase 1 involves the examination of the City's existing street plans resulting in a basic guide outlining how the City Proposed Agreement with Congress for the New Urbanism Regarding Sustainable Street Network Project November 25,2009 Page 2 can begin to implement Context Sensitive Solutions, including necessary policy changes. The cost for the Phase 1 services is $50,000. Phase 2 involves formalizing a street strategy based upon the ITE guide for Elgin resulting in a final "Elgin Report"for the project. The attached agreement authorizes Phase 1 services in the amount of$50,000. Phase 2 services are projected to cost$75,000. CNU will be making application to the Grand Victoria Foundation requesting $125,000 to fund the entire cost of the project. In the event CNU obtains such funding from the Grand Victoria Foundation, $50,000 of such $125,000 of funding will be paid by CNU back to the City as reimbursement to the City for the Phase 1 services to be authorized by the attached agreement. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None covitFINANCIAL IMPACT The agreement with Congress for the New Urbanism for Phase 1 services will total $50,000. The project will be funded by the Energy Efficient and Conservation Block Grant which has isiii recently been approved and included within the 2010 budget. The$50,000 will be reimbursed to the City in the event CNU obtains funding from the Grand Victoria Foundation in the amount of $125,000. EGAL IMPACT None ALTERNATIVES 1. The City Council may choose to approve the proposed agreement as presented or in an amended form. 2. The City Council may choose not to approve the proposed agreement. Respectfully submitted for Council consideration. DMW Attachments 1 ........... OF et C. ti Memorandum City of Elgin n0 .,+Zt ','�k'o_ 1n0 4TED FF6. Date: January 22, 2010 To: Dave Waden, Senior Planner From: Jennifer Quinton, Deputy City Clerk Subject: Resolution No. 10-1, Adopted at the January 13, 2010 Council Meeting Enclosed you will find the agreement listed below. Please retain a copy for your records. If you have any questions please feel free to contact our office 847-931-5660 and we will do our best to assist you. Thank you. • Agreement with the Congress for the New Urbanism, Inc. for a Sustainable Street Network Project