HomeMy WebLinkAbout11-199 r EN
ELGIN
THE CITY IN THE SUBURBS'
Date: January 9, 2012
To: Paul Bednar, Park Development Coordinator
From: Kimberly Dewis, City Clerk
Subject: Resolution No. 11-199, Adopted at the December 7, 2011, Council Meeting
Enclosed you will find the agreement listed below. Please have these agreements signed and
executed by CMAP and return one fully executed copy to the City Clerk's office for the
City's 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 Chicago Metropolitan Agency for Planning (CMAP) for Funding
of the City's Sidewalk Gap and Transit Stop Study Project
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Resolution No. 11-199
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT WITH
CHICAGO METROPOLITAN AGENCY FOR PLANNING(CMAP) FOR FUNDING
OF THE CITY'S SIDEWALK GAP AND TRANSIT STOP STUDY PROJECT
WHEREAS, the City of Elgin (the "City") has applied for grant funding through the
Community Planning Program from the Chicago Metropolitan Agency for Planning("CMAP"),for
the City's Sidewalk Gap and Transit Stop Study; and,
WHEREAS, the City's request for such grant has been approved by CMAP; and,
WHEREAS, CMAP has adopted the GO TO 2040 Plan as the long-range regional
comprehensive plan for the seven-county Chicago region, encompassing Cook, DuPage, Kane,
Kendall, Lake, McHenry and Will counties, and is providing grant assistance as a means of
advancing the plan's implementation; and,
WHEREAS,the City and CMAP have agreed on the contents of an agreement that covers the
administration of this grant,a copy of which is attached hereto and made a part hereof by reference
(the"Agreement").
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ELGIN, ILLINOIS:
Section 1. The City Council of the City of Elgin supports the Sidewalk Gap and Transit
Study Project.
Section 2. The City accepts the offer of grant funding by CMAP and recognizes that this
funding is provided for the purpose of advancing the implementation of GO TO 2040.
Section 3. The City Council of the City of Elgin hereby authorizes and directs that Sean
Stegall,City Manager,and Kimberly A. Dewis,City Clerk,to execute the Agreement with CMAP,
and to initiate a competitive procurement process to select a consulting firm to undertake work on
this project.
Section 4. The City Council of the City of Elgin recognizes that provisions that govern
the administration of the Community Planning Program grant are included in the Agreement.
Section 5. That this resolution shall be full force and effect immediately after its passage
in the manner provided by law.
s/David J. Kaptain
David J. Kaptain, Mayor
1 [
Presented: December 7, 2011
Adopted: December 7, 2011
Omnibus Vote: Yeas: 6 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
- 2 -
••
CMAP contract#
AGREEMENT
between
Chicago Metropolitan Agency for Planning
and
City of Elgin
THIS AGREEMENT, entered into on this December 7, 2011 , by and between the
Chicago Metropolitan Agency for Planning (herein called the"CMAP"), a body politic and
corporate created by the State of Illinois, and the City of Elgin, 150 Dexter Court, Elgin, IL, 60120,
(herein called the"Grantee").
WITNESSETH
WHEREAS, the Grantee has made application to CMAP for funding to complete the Sidewalk
Gap and Transit Stop Study (hereafter called the"Project"). The grant application submitted by
the Grantee(Attachment 1) is incorporated by reference into this Agreement with full force and
effect, as if fully set forth herein; and
WHEREAS, the Grantee's application has been approved by CMAP; and
WHEREAS, CMAP desires to provide funding to the Grantee to complete the Project with a
contractor who has been selected through a formal procurement process;
NOW, THEREFORE, the parties hereto mutually agree as follows:
1. Engagement of Grantee. CMAP hereby agrees to provide funding to the Grantee and the
Grantee hereby agrees to procure assistance from a qualified contractor to complete the
Project.
2. Funding Source. The funding source for this contract is the Illinois Department of
Transportation (IDOT). The IDOT is not a party to this agreement. CFDA Number 20.205;
Federal Highway Administration (FHWA); Illinois Highway Planning & Research Program.
3. Scope of Services. The Grantee shall perform and carry out in a satisfactory and proper
manner, as determined by CMAP, the tasks described in the grant application (Attachment
1). In addition to the tasks described in the grant application, the Grantee is also responsible
for establishing a steering committee to guide work on this project, as well as conducting a
thorough public engagement process; these responsibilities can be fulfilled either directly by
the Grantee or with assistance from a qualified contractor.
4. Procurement of Contractor. The Grantee is responsible for administering the procurement for
the contractor and management of the contract secured through that procurement. All
procurement transactions for Contractual Services shall be conducted in a manner that
provides maximum open and free competition. The GRANTEE shall also conduct a RFP
process meeting the following minimum procedural requirements:
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Request for Proposal (RFP): Competitive negotiation procedures shall be used to procure
services having a total value of more than $10,000. The RFP shall be publicized, proposals
shall be solicited from an adequate number of qualified sources, negotiations are normally
conducted with more than one source, and a cost reimbursement contract shall be awarded
based on a technical evaluation of the proposals received. Award may be made to the
responsible offeror whose proposal will be most advantageous to the procuring party, price
and other factors considered. Unsuccessful offerors should be notified promptly. The
Grantee shall include a requirement in all contracts with third parties that the contractor or
consultant will comply with the requirements of this Agreement in performing such contract,
and that the contract is subject to the terms and conditions of this Agreement.
The Grantee shall maintain records sufficient to detail the significant history of the
procurement. These records shall include, but are not necessarily limited to: information
pertinent to rationale for the method of procurement, selection of contract type, contractor
selection or rejection, and basis for the cost or price.
No Grantee employee shall participate in the procurement of products or services if a conflict
of interest, real or apparent, would be involved. No employee shall solicit or accept anything
of monetary value from bidders or suppliers.
5. Subcontracts.
a. Any subcontractors or outside associates or consultants required by the Grantee in
connection with the services covered by this Agreement will be limited to such individuals
or firms as are obtained through the Request for Proposal process. The selection of
contractor(s) is prohibited without prior written consent of CMAP. Any substitutions in or
additions to such subcontractors, associates or consultants will be subject to the prior
approval of CMAP.
b. All subcontracts for work under this Agreement shall contain those applicable
provisions which are required in this Agreement.
c. The Grantee may not subcontract services agreed to under this Agreement without
prior written approval of CMAP.
6. Time of Performance. The services of the Grantee are to commence as soon as practicable
after the execution of this Agreement and shall be undertaken and completed to assure their
expeditious completion. This contract terminates on June 30, 2013. No extensions of this
contract are possible.
7. Funding Compensation. CMAP agrees to reimburse the Grantee on a monthly basis. It is
expressly agreed and understood that in no event will the total compensation exceed the
maximum sum of$100,000 for all services provided hereunder.
8. Allowable Charges. No expenditures or charges shall be included in the cost of the Project
and no part of the money paid to the Grantee shall be used by the Grantee for expenditures
or charges that are: (i) contrary to provisions of this Agreement or the latest budget approved
by a duly-authorized official of CMAP; (ii) not directly for the carrying of the Project;(iii) of a
regular and continuing nature, except that of salaries and wages of appointed principal
executives of the Contractor who have not been appointed specifically for the purposes of
directing the Project, who devote official time directly to the Project under specific
assignments, and respecting whom adequate records of the time devoted to and services
performed for the Project are maintained by the Contractor may be considered as proper
costs of the Project to the extent of the time thus devoted and recorded if they are otherwise
in accordance with the provisions hereof; or(iv) incurred without the consent of CMAP after
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written notice of the suspension or termination of any or all of CMAP's obligations under this
Agreement.
9. Reports and Methods of Payment.
Based on services performed, Grantee may submit invoices as frequently as once a month.
All invoices are to be submitted through email to:
accountinqacmap.illinois.gov
Payment will be made within thirty(30)days of receipt of the invoice unless there is a
discrepancy regarding the invoice. Transfer of funds will be made electronically. Notification
of the transfer will be made to you. Please provide the following information:
Bank Name:
Telephone No.:
Account No.:
Bank ACH Routing No.:
Grantee email address for confirmation:
DUNS No.
Invoices must be accompanied by appropriate documentation from the contractor(s)that
have been procured by the Grantee for the purposes of carrying out the Project. CMAP will
reimburse the Grantee only for allowable expenses incurred by the contractor.
Subject to the conditions of this Agreement, CMAP will honor invoices in amounts deemed by
it to be proper to insure the carrying out of the approved scope of services and shall be
obligated to pay the Grantee such amounts as may be approved by CMAP. Invoices shall
detail expenses and amount of time spent on the CMAP project. If an invoice is not
acceptable, CMAP shall promptly provide the Grantee a written statement regarding its
ineligibility or deficiencies to be eliminated prior to its acceptance and processing.
10. Audit and Access to Records.
a. The Grantee and its subcontracts under this Agreement shall preserve and produce upon
request of the authorized representatives of CMAP all data, records, reports,
correspondence and memoranda of every description of the Grantee and its
subcontractors, if any, under this Agreement relating to carrying out this Agreement for
the purposes of an audit, inspection or work review for a period of three(3) years after
completion of the project, except that:
(1) If any litigation, claim or audit is started before the expiration of three-year period, the
records shall be retained until all litigation, claims or audit findings involving the
records have been resolved.
(2) Records for nonexpendable property acquired with federal funds shall be retained for
three years after its final disposition.
b. The Grantee shall include in all subcontracts, if any, under this Agreement a provision
that CMAP will have full access to and the right to examine any pertinent books,
documents, papers, and records of any such subcontractor involving transactions related
3
to the subcontract for three (3) years from the final payment under that subcontract
except that:
(1) If any litigation, claim or audit is started before the expiration of three-year period, the
records shall be retained until all litigation, claims or audit findings involving the
records have been resolved.
(2) Records for nonexpendable property acquired with federal funds shall be retained for
three years after its final disposition.
The term "subcontract" as used in this clause excludes purchase orders not exceeding
$2,500.
11. Agreements. This Agreement constitutes the entire agreement between the parties hereto.
Any change proposed by either party to this Agreement shall be submitted to the other party
for its prior approval. No modification, addition, deletion, etc., to this Agreement shall be
effective unless such changes are red
uced duced to writing and executed by the authorized
representatives of both parties.
12. Suspension. If the Grantee fails to comply with the special conditions and/or the general
terms and conditions of this Agreement, CMAP may, after written notice to the Grantee,
suspend the Agreement and withhold further payments or prohibit the Grantee from incurring
additional obligations of funds pending corrective action by the Grantee. If corrective action
has not been completed within sixty(60)calendar days after service of written notice of
suspension, CMAP shall notify the Grantee in writing that the Agreement has been
terminated by reason of default in accordance with paragraph 11 hereof. CMAP may
determine to allow such necessary and proper costs which the Grantee could not reasonably
avoid during the period of suspension provided such costs meet the provisions of the U.S.
Office Management and Budget Circular A-87 in effect on the date first above written.
13. Termination.
a. This Agreement may be terminated in whole or in part in writing by either party in the
event of substantial failure(hereinafter termed"Termination by Default") by the other
party to fulfill its obligations under this Agreement through no fault of the terminating
party, provided that no such termination may be affected unless the other party is given
(i) not less than seven (7)calendar days written notice (delivered by certified mail, return
receipt requested)of intent to Termination by Default, and (ii) an opportunity for
consultation with the terminating party prior to Termination by Default.
b This Agreement may be terminated in whole or in part in writing by CMAP for its
convenience, provided that the Grantee is given not less than seven (7) calendar days
written notice(delivered by certified mail, return receipt requested) of intent to terminate.
c. If Termination by Default is effected by CMAP, an equitable adjustment in the price
provided for in this Agreement shall be made, but(i) no amount shall be allowed for
9
anticipated profit on unperformed services or other work, and (ii) any payment due to the
Grantee at the time of termination may be adjusted to the extent of any additional costs
occasioned to CMAP by reason of the Grantee's default. If termination by default is
effected by the Grantee, or if termination for convenience is effected by CMAP, the
equitable adjustment shall include a reasonable profit for services or other work
performed. The equitable adjustment for any termination shall provide payment to the
Grantee for services rendered and expenses incurred prior to termination, in addition
CMAP may include cost reasonably incurred by the Grantee relating to commitments
which had become firm prior to termination.
4
Ir i,
d. Upon notice of termination action pursuant to paragraphs a or b of this clause, the
Grantee shall.(i) promptly discontinue all services affected (unless the notice directs
otherwise)and (ii) deliver or otherwise make available to CMAP all date, drawings,
specifications, reports, estimates, summaries and such other information and materials
as may have been accumulated by the Grantee in performing this Agreement, whether
completed or in the process.
e. Upon termination pursuant to paragraphs a or b of this clause, CMAP may take over the
work and prosecute the same to completion by agreement with another party otherwise.
f. In the event the Grantee must terminate this Agreement due to
circumstances beyond its control, the termination shall be deemed to have been effected
for the convenience of CMAP. In such event, adjustment of the price provided for in this
agreement shall be made as provided in paragraph c of this clause.
14. Remedies. Except as may be otherwise provided in this Agreement, all claims,
counterclaims, disputes and other matters in question between CMAP and the Grantee
arising out of or relating to this Agreement or the breach thereof will be decided by arbitration.
If the parties hereto mutually agree, a request for remedy may be sought from a court of
competent jurisdiction within the State of Illinois, County of Cook.
15. Equal Employment Opportunity. The Grantee will comply with Executive Order 11246
entitled"Equal Employment Opportunity," as amended by U.S. Department of Labor
regulations (41 CFR Part 60). In connection with the execution of this Agreement, the
Grantee shall not discriminate against any employee or an applicant for employment because
of race, religion, color, sex, national origin, ancestry, or physical or mental handicap unrelated
to ability. The Grantee shall take affirmative actions to insure that applicants are employed,
and that employees are treated during their employment without regard to their race, religion,
color, sex, national origin, ancestry, or physical or mental handicap unrelated to ability. Such
actions shall include, but not be limited to, employment, promotion, demotion, transfer,
recruitment, recruitment advertising, layoff,termination, rates of pay, other forms of
compensation, and selection for training or apprenticeship. The Grantee shall cause the
provisions of this paragraph to be inserted into all subcontractors work covered by this
Agreement so that such provisions will be binding upon each subcontractor, provided that
such provisions shall not apply to contracts or subcontracts for standard commercial supplies
or raw materials.
16. Small and Minority Business Enterprise. In connection with the performance of this
Agreement the Grantee will cooperate with CMAP in meeting its commitments and goals with
respect to the maximum utilization of small business and minority business enterprises, and
will use its best efforts to insure that small business and minority business enterprises shall
have the maximum practicable opportunity to compete for subcontract work under this
Agreement.
17. Political Activity. No portion of funds for this subcontract shall be used for any partisan
political activity or to further the election or defeat of any candidate for public office.
18. Prohibited Interest.
a. No officer or employee of CMAP and no member of its governing body and no other public
official of any locality in which the Project objectives will be carried out who exercises any
functions or responsibilities in the review or approval of the undertaking or carrying out of
such objectives shall (i) participate in any decision relating to any subcontract negotiated
under this Agreement which affects his personal interest or the interest of any
corporation, partnership or association in which he is, directly or indirectly, interested; or
5
(ii) have any financial interest, direct or indirect, in such subcontract or in the work to be
performed under such contract.
b. No member of or delegate of the Illinois General Assembly or the Congress of the United
States of America, and no federal Resident Commissioner, shall be admitted to any
share hereof or to any benefit arising herefrom.
c. The Grantee warrants and represents that no person or selling agency has been
employed or retained to solicit or secure this Agreement, upon an agreement or
understanding for a commission, percentage, bonus, brokerage or contingent fee, or
gratuity, excepting its bona fide employees. For breach or violation of this warranty the
CMAP shall have the right to annul this Agreement without liability or, at its discretion, to
deduct from the Agreement price or consideration, or otherwise recover, the full amount
of such commission, percentage bonus, brokerage or contingent fee, or gratuity.
19. Federal Reporting Standards.
a. The Grantee agrees that any material or design specified by the Grantee or supplied by
the Grantee pursuant to this Agreement shall not infringe any patent or copyright and the
Grantee shall be solely responsible for securing any necessary licenses required for
patented or copyrighted material used by the Grantee.
b. If any claim is brought against CMAP by third parties for alleged infringement of third-party
patent and copyright and intellectual rights, which claim is caused by breach of the
Grantee's promise as contained in paragraph a of this clause, the Grantee shall save
harmless and indemnify CMAP from all loss, damage or expense (including attorney's
fees) due to defending CMAP from such claim.
c. If the principal purpose of this Agreement is to create, develop or improve products,
processes or methods; or to explore into fields which directly concern public health,
safety or welfare, or if the Project is in a field of science or technology in which there has
been little significant experience outside of work funded by federal assistance; and any
discovery or invention arises or is developed in the course of or under this Agreement,
such invention or discovery shall be subject to the reporting and rights provisions of U.S.
Office of Management and Budget Circular No.A-102, and to the pertinent regulations of
the grantor agency(ies) in effect on the date of execution of this Agreement. The
Grantee shall include provisions appropriate to the effectuate the purpose of this
condition in all subcontracts under this Agreement involving research, developmental,
experimental or demonstration work.
20. Assignment.
a. This agreement shall be binding upon, and inure to the benefit of, the respective
successors, assigns, heirs, and personal representatives of CMAP and Grantee. Any
successor to the Grantee's rights under this Agreement must be approved by CMAP
unless the transaction is specifically authorized under federal law. Any successor will be
required to accede to all the terms, conditions and requirements of the Agreement as a
condition precedent to such succession.
b. The Grantee shall not assign any interest in this Agreement and shall not transfer any
interest in the same (whether by assignment or novation), without the prior written
consent of CMAP hereto, provided, however, that claims for money due or to become
due to the Grantee from CMAP under this Agreement may be assigned to a bank, trust
company or other financial institution without such approval. Notice of any such
assignment or transfer shall be furnished to CMAP.
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21. Conflict of Interest. In order to avoid any potential conflict or interest, the Grantee agrees
during the term of this Agreement not to undertake any activities which could conflict directly
or indirectly with the interest of CMAP. Grantee shall immediately advise CMAP of any such
conflict of interest. CMAP shall make the ultimate determination as to whether a conflict of
interest exists.
22. Publication. CMAP shall have royalty-free, nonexclusive and irrevocable license to
reproduce, publish, disclose, distribute, and otherwise use, in whole or in part, any reports,
data or other materials specifically prepared under this Agreement, and to authorize other
material to do so. The Grantee shall include provisions appropriate to effectuate the purpose
of this clause in all subcontracts for work under this Agreement.
23. Identification of Documents. All reports, maps, and other documents completed as part of
this Agreement, other than documents exclusively for internal use within the Grantee's
offices, shall carry the following notation on the front cover or a title page or, in the case of
maps, in the same area which contains the name of CMAP and of the Grantee. "This
material was prepared in consultation with CMAP, the Chicago Metropolitan Agency for
Planning, (http://www.cmap.illinois.qov)."
24. Force Majeure. Either party shall be excused from performing its obligations under this
Agreement during the time and to the extent that it is prevented from performing by a cause
beyond its control including, but not limited to: any incidence of fire, flood; acts of God;
commandeering of material, products, plants or facilities by the Federal, state or local
government; national fuel shortage; or a material act of omission by the other party; when
satisfactory evidence of such cause is presented to the other party, and provided further that
such nonperformance is unforeseeable, beyond the control and is not due to the fault or
negligence of the party not performing.
25. Workers' Compensation Insurance. The Grantee and any subcontractors shall, at their own
expense, obtain and maintain Workers' Compensation insurance to cover persons employed
in connection with services under this agreement. The limits for the Worker's Compensation
coverage shall be no less than the statutory limits required by the State of Illinois.A certificate
of insurance must be included with this contract.
26. Independent Contractor. Grantee's relationship to CMAP in the performance of this
Agreement is that of an independent Contractor. Grantee's personnel performing work under
this Agreement shall at all times be under Grantee's exclusive direction and control and shall
be employees of Grantee and not employees of CMAP. Grantee shall pay all wages, salaries
and other amounts due its employees in connection with this Agreement and shall be
responsible for all reports and obligations respecting them, including, but not limited to, social
security, income tax withholding, and unemployment compensation, workers ' compensation
insurance and similar matters.
27. Federal, State and Local Laws. Grantee warrants that in the performance of this Agreement it
shall comply with all applicable federal, state and local laws, statutes and ordinances and all
lawful orders, rules and regulations promulgated thereunder. Since laws, regulations,
directives, etc. may be modified from time-to-time, the Grantee shall be responsible for
compliance as modifications are implemented. The Grantee's failure to comply shall
constitute a material breach of this contract.
28. Hold Harmless and Indemnity. Grantee shall indemnify, defend and hold harmless CMAP, its
officers, directors, employees and agents from and against any and all claims (including
attorney's fees and reasonable expenses for litigation or settlement) for any loss, or
damages, bodily injuries, including death, damage to or loss of use of property caused by the
negligent acts, omissions or willful misconduct of Grantee, its officers, directors, employees,
7
agents, subcontractors or suppliers, in connection with or arising out of the performance of
this Agreement.
29. International Boycott. Grantee certifies that neither Grantee nor any substantially owned
affiliate is participating or shall participate in an international boycott in violation of the U.S.
Export Administration Act of 1979 or the applicable regulation of the U.S. Department of
Commerce. This applies to contracts that exceed $10,000 (30 ILCS 582).
30. Forced Labor. Grantee certifies it complies with the State Prohibition of Goods from Forced
Labor Act, and certifies that no foreign-made equipment, materials, or supplies furnished to
CMAP under this agreement have been or will be produced in whole or in part by forced
labor, or indentured labor under penal sanction (30 ILCS 583).
Federally Funded Agreements
A. Standard Assurances. The Grantee assures that it will comply with all applicable federal
statutes, regulations, executive orders, Federal Transit Administration (FTA) circulars, and other
federal requirements in carrying out any project supported by federal funds. The Grantee
recognizes that federal laws, regulations, policies, and administrative practices may be modified
from time to time and those modifications may affect project implementation. The Grantee agrees
that the most recent federal requirements will apply to the project.
B. Certification Regarding Lobbying. As required by the United States Department of
Transportation (U.S. DOT) regulations, "New Restrictions on Lobbying,"at 49 CFR 20.110, the
Grantee's authorized representative certifies to the best of his or her knowledge and belief that for
each agreement for federal assistance exceeding $100,000:
1. No federal appropriated funds have been or will be paid by or on behalf of the Grantee
to any person to influence or attempt 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 regarding the award of federal assistance, or the extension,
continuation, renewal, amendment, or modification of any federal assistance agreement;
and
2. If any funds other than federal appropriated funds have been or will be paid to any
person to influence or attempt 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 any application for federal assistance, the
Grantee assures that it will complete and submit Standard Form-LLL, "Disclosure Form to
Report Lobbying," including information required by the instructions accompanying the
form, which form may be amended to omit such information as authorized by 31 U.S.C.
1352.
3. The language of this certification shall be included in the award documents for all
subawards at all tiers (including subcontracts, subgrants, and contracts under grants,
loans, and cooperative agreements).
The Grantee understands that this certification is a material representation of fact upon which
reliance is placed and that submission of this certification is a prerequisite for providing federal
assistance for a transaction covered by 31 U.S.C. 1352. The Grantee also understands that any
person who fails to file a required certification shall be subject to a civil penalty of not less than
$10,000 and not more than $100,000 for each such failure.
C. Nondiscrimination Assurance.As required by 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 or business opportunity), 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
8
the Department of Transportation--Effectuation of Title VI of the Civil Rights Act,"49 CFR Part 21
at 21.7, the Grantee assures that it will comply with all requirements of 49 CFR Part 21; FTA
Circular 4702.1A, "Title VI and Title VI -Dependent Guidelines for Federal Transit Administration
Recipients,"and other applicable directives, so that no person in the United States, on the basis
of race, color, national origin, creed, sex, or age will be excluded from participation in, be denied
the benefits of, or otherwise be subjected to discrimination in anyprogram or activity(particularly
P 9 (P a lY
in the level
eel and quality of transportation services and transportation-related benefits)for which the
P P
Grantee receives federal assistance.
Specifically, during the period in which federal assistance is extended to the project, or project
property is used for a purpose for which the federal assistance is extended or for another purpose
involving the provision of similar services or benefits, or as long as the Grantee retains ownership
or possession of the project property, whichever is longer, the Grantee assures that:
1. Each project will be conducted, property acquisitions will be undertaken, and project
facilities will be operated in accordance with all applicable requirements of 49 U.S.C.
5332 and 49 CFR Part 21, and understands that this assurance extends to its entire
facility and to facilities operated in connection with the project.
2. It will promptly take the necessary actions to effectuate this assurance, including notifying
the public that complaints of discrimination in the provision of transportation-related
services or benefits may be filed with U.S. DOT or FTA. Upon request by U.S. DOT or
FTA, the Grantee assures that it will submit the required information pertaining to its
compliance with these requirements.
3. It will include in each subagreement, property transfer agreement, third party contract,
third party subcontract, or participation agreement adequate provisions to extend the
requirements of 49 U.S.C. 5332 and 49 CFR Part 21 to other parties involved therein
including any subrecipient, transferee, third party contractor, third party subcontractor at
any level, successor in interest, or any other participant in the project.
4. Should it transfer real property, structures, or improvements financed with federal
assistance to another party, any deeds and instruments recording the transfer of that
property shall contain a covenant running with the land assuring nondiscrimination for the
period during which the property is used for a purpose for which the federal assistance is
extended or for another purpose involving the provision of similar services or benefits.
5. The United States has a right to seek judicial enforcement with regard to any matter
arising under the Act, regulations, and this assurance.
6. It will make any changes in its 49 U.S.C. 5332 and Title VI implementing procedures as
U.S. DOT or FTA may request.
D. Control of Property. The Grantee certifies that the control, utilization and disposition of
property or equipment acquired using federal funds is maintained according to the provisions of
OMB Circular A-102 Common Rule.
E. Cost Principles. The cost principles of this Agreement are governed by the cost principles
found in 49 CFR Part 18.22 and OMB Circular A-87, "Cost Principles for State, local or Indian
tribal governments", and all costs included in this Agreement are allowable under 49 CFR Part
18.22 and OMB Circular A-87, "Cost Principles for State, local or Indian tribal governments".
F. Debarment.The Grantee shall comply with Debarment provisions as contained in 2 CFR Part
1200, as amended. The Grantee certifies that to the best of its knowledge and belief, the Grantee
and the Grantee's principals: a) are not presently debarred, suspended, proposed for
debarment, declared ineligible or voluntarily excluded from covered transactions by any federal
department or agency; b) within a three-year period preceding this Agreement have not been
convicted of or had a civil judgment rendered against it for commission of fraud or a criminal
offense in connection with obtaining, attempting to obtain or performing a public(federal, state or
local)transaction or contract under a public transaction, violation of federal or state anti-trust
9
statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of
records, making false statements or receiving stolen property; c) are not presently indicted for or
otherwise criminally or civilly charged by a governmental entity(federal, state or local)with
commission of any of the offenses enumerated in subsection (b), above; and d) have not within a
three-year period preceding this Agreement had one or more public transactions (federal, state or
local)terminated for cause or default.
The inability of the Grantee to certify to the certification in this section will not necessarily result in
denial of participation in this Agreement. The Grantee shall submit an explanation of why it
cannot provide the certification in this section. This certification is a material representation of fact
upon which reliance was placed when CMAP determined whether to enter into this transaction. If
it is later determined that the Grantee knowingly rendered an erroneous certification, in addition to
other remedies available to the federal government, CMAP may terminate this Agreement for
cause. The Grantee shall provide immediate written notice to CMAP if at any time the Grantee
learns that its certification was erroneous when submitted or has become erroneous by reason of
changed circumstances. The terms"covered transaction," "debarred,""suspended,""ineligible,"
"lower tier covered transaction," "participant," "person," "primary covered transaction," "principal,"
"proposal," and"voluntarily excluded," as used in this Part shall have the meaning set out in the
Definitions and Coverage sections of the rules implementing Executive Order 12549.
The Grantee agrees that it shall not knowingly enter into any lower tier covered transaction with a
person who is debarred, suspended, declared ineligible or voluntarily excluded from participation
in this covered transaction, unless authorized, in writing, by CMAP. The Grantee Agrees that it
will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and
Voluntary Exclusion-Lower Tier Covered Transaction," provided by CMAP, without modification,
in all lower tier covered transactions and in all solicitations for lower tier covered transactions. The
Grantee may rely upon a certification of a prospective participant in a lower tier covered
transaction that it is not debarred, suspended, ineligible or voluntarily excluded from the covered
transaction, unless the Grantee knows the certification is erroneous. The Grantee may decide the
method and frequency by which it determines the eligibility of its principals. The Grantee may, but
is not required to, check the Non-procurement List. If the Grantee knowingly enters into a lower
tier covered transaction with a person who is suspended, debarred, ineligible or voluntarily
excluded from participation, in addition to other remedies available to the federal government,
CMAP may terminate this Agreement for cause or default.
Nothing contained in this section shall be construed to require establishment of a system of
records in order to render in good faith the certification required by this section. The knowledge
and information of the Grantee is not required to exceed that which is normally possessed by a
prudent person in the ordinary course of business dealings.
G. Single Audit.The Single Audit Act of 1984 (Public Law 98-502)and the Single Audit
Amendments of 1996 (P.L. 104-156) require the following:
1. State or local governments that receive$500,000 or more a year in federal financial
assistance shall have an audit made in accordance with the Office of Management and
Budget(OMB) Circular No. A-133.
2. State or local governments that receive less than $500,000 a year shall be exempt from
compliance with the Act and other federal requirements.
3. Nothing in this paragraph exempts state or local governments from maintaining records
of federal financial assistance or from providing access to such records to federal
Agencies, as provided for in federal law or in Circular A-133"Audits of States, Local
Governments and Non-Profit Organizations."
4. A copy of the audit report must be submitted to CMAP within 30 days after completion of
the audit, but no later than one year after the end of the Grantee's fiscal year.
H. Drug Free Workplace. The Grantee certifies that it will comply with the requirements of the
federal Drug Free Workplace Act, 41 U.S.C. 702 as amended, and 49 CFR 32.
10
I. Disadvantaged Business Enterprise Assurance. In accordance with 49 CFR 26.13(a), as
amended, the Grantee assures that it shall not discriminate on the basis of race, color, national
origin, or sex in the implementation of the project and in the award and performance of any third
party contract, or subagreement supported with Federal assistance derived from the U.S. DOT or
in the administration of its Disadvantaged Business Enterprise(DBE) program or the
requirements of 49 CFR Part 26, as amended. The Grantee assures that it shall take all
necessary and reasonable steps set forth in 49 CFR Part 26, as amended, to ensure
nondiscrimination in the award and administration of all third party contracts and subagreements
supported with Federal assistance derived from the U.S. DOT. The Grantee's DBE program, as
required by 49 CFR Part 26, as amended, will be incorporated by reference and made a part of
this Agreement for any Federal assistance awarded by FTA or U.S. DOT. Implementation of this
DBE program is a legal obligation of the Grantee, and failure to carry out its terms shall be treated
as a violation of the Agreement. Upon notification by the Federal Government or CMAP to the
Grantee of its failure to implement its approved DBE program, the U.S. DOT may impose
sanctions as provided for under 49 CFR Part 26, as amended, and may in appropriate cases,
refer the matter for enforcement under 18 U.S.C. 1001, as amended, and/or the Program Fraud
Remedies Act, 31 U.S.C. 3801 et seq., as amended.
J. Assurance of Nondiscrimination on the Basis of Disability.As required by U.S. DOT
regulations, "Nondiscrimination on the Basis of Handicap in Programs and Activities Receiving or
Benefiting from Federal Financial Assistance," at 49 CFR 27.9, the Grantee assures that, as a
condition to the approval or extension of any Federal assistance awarded by FTA to construct
any facility, obtain any rolling stock or other equipment, undertake studies, conduct research, or
to participate in or obtain any benefit from any program administered by FTA, no otherwise
qualified person with a disability shall be, solely by reason of that disability, excluded from
participation in, denied the benefits of, or otherwise subjected to discrimination in any program or
activity receiving or benefiting from Federal assistance administered by the FTA or any entity
within U.S. DOT. The Grantee assures that project implementation and operations so assisted
will comply with all applicable requirements of U.S. DOT regulations implementing the
Rehabilitation Act of 1973, as amended, 29 U.S.C. 794, et seq., and the Americans with
Disabilities Act of 1990, as amended, 42 U.S.C. 12101 et seq., and implementing U.S. DOT
regulations at 49 CFR parts 27, 37, and 38, and any applicable regulations and directives issued
by other Federal departments or agencies.
K. Procurement Compliance Certification. The Grantee certifies that its procurements and
procurement system will comply with all applicable third party procurement requirements of
Federal laws, executive orders, regulations, and FTA directives, and requirements, as amended
and revised, as well as other requirements FTA may issue including FTA Circular 4220.1 F, "Third
Party Contracting Guidance,"and any revisions thereto, to the extent those requirements are
applicable. The Grantee certifies that it will include in its contracts financed in whole or in part with
FTA assistance all clauses required by Federal laws, executive orders, or regulations, and will
ensure that each subrecipient and each Grantee will also include in its subagreements and its
contracts financed in whole or in part with FTA assistance all applicable clauses required by
Federal laws, executive orders, or regulations.
L. Intelligent Transportation Systems Program. As used in this assurance, the term Intelligent
Transportation Systems (ITS) project is defined to include any project that in whole or in part
finances the acquisition of technologies or systems of technologies that provide or significantly
contribute to the provision of one or more ITS user services as defined in the"National ITS
Architecture."
1. In accordance with Section 5307(c) of SAFETEA-LU, 23 U.S.C. 502 note, the Grantee
assures it will comply with all applicable requirements of Section V(Regional ITS
Architecture and Section VI (Project Implementation)) of FTA Notice, "FTA National ITS
Architecture Policy on Transit Projects,"at 66 Fed. Reg. 1455 et seq., January 8, 2001,
and other FTA requirements that may be issued in connection with any ITS project it
11
undertakes financed with Highway Trust Funds (including funds from the mass transit
account)or funds made available for the Intelligent Transportation Systems Program
authorized by SAFETEA-LU, 23 U.S.C. 502 note.
2. With respect to any ITS project financed with Federal assistance derived from a source
other than Highway Trust Funds (including funds from the Mass Transit Account) or
SAFETEA-LU, 23 U.S.C. 502 note, the Grantee assures that is will use its best efforts to
ensure that any ITS project it undertakes will not preclude interface with other intelligent
transportation systems in the Region.
M. Davis-Bacon Act.To the extent applicable, the Grantee will comply with the Davis-Bacon Act,
as amended, 40 U.S.C. 3141 et seq., the Copeland"Anti-Kickback"Act, as amended, 18 U.S.C.
874, and the Contract Work Hours and Safety Standards Act, as amended, 40 U.S.C. 3701 et
seq., regarding labor standards for federally assisted subagreements.
N. Certifications and Assurances Required by the U.S. Office of Management and Budget
(OMB) (SF-424B and SF-424D)
As required by OMB, the Grantee certifies that it:
1. Has the legal authority and the institutional, managerial, and financial capability
(including funds sufficient to pay the non-federal share of project cost) to ensure
proper planning, management, and completion of the project.
2. Will give the U.S. Secretary of Transportation, the Comptroller General of the
United States, and, if appropriate, the state, through any authorized representative,
access to and the right to examine all records, books, papers, or documents related
to the award; and will establish a proper accounting system in accordance with
generally accepted accounting standards or agency directives;
3. Will establish safeguards to prohibit employees from using their positions for a
purpose that constitutes or presents the appearance of personal or organizational
conflict of interest or personal gain;
4. Will initiate and complete the work within the applicable project time periods;
5. Will comply with all applicable Federal statutes relating to nondiscrimination
including, but not limited to:
• Title VI of the Civil Rights Act, 42 U.S.C. 2000d, which prohibits discrimination on
the basis of race, color, or national origin;
• Title IX of the Education Amendments of 1972, as amended, 20 U.S.C. 1681
through 1683, and 1685 through 1687, and U.S. DOT regulations,
"Nondiscrimination on the Basis of Sex in Education Programs or Activities
Receiving Federal Financial Assistance," 49 CFR Part 25, which prohibit
discrimination on the basis of sex;
• Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. 794, which
prohibits discrimination on the basis of handicap;
• The Age Discrimination Act of 1975, as amended, 42 U.S.C. 6101 through 6107,
which prohibits discrimination on the basis of age;
• The Drug Abuse, Prevention, Treatment and Rehabilitation Act, Public Law 92-
255, and amendments thereto, 21 U.S.C. 1101 et seq. relating to
nondiscrimination on the basis of drug abuse;
• The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and
Rehabilitation Act of 1970, Public Law 91-616, and amendments thereto, 42
U.S.C. 4541 et seq. relating to nondiscrimination on the basis of alcohol abuse or
alcoholism;
• The Public Health Service Act of 1912, as amended, 42 U.S.C. 290dd-2 related
to confidentiality of alcohol and drug abuse patient records;
• Title VIII of the Civil Rights Act, 42 U.S.C. 3601 et seq., relating to
nondiscrimination in the sale, rental, or financing of housing;
• Any other nondiscrimination provisions in the specific statutes under which
12
Federal assistance for the project may be provided including, but not limited, to
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 or
business opportunity, and Section 1101(b) of the Transportation Equity Act for
the 21st Century, 23 U.S.C. 101 note, which provides for participation of
disadvantaged business enterprises in FTA programs; and
• Any other nondiscrimination statute(s)that may apply to the project.
6. Will comply with all federal environmental standards applicable to the project,
including but not limited to:
• Institution of environmental quality control measures under the National
Environmental Policy Act of 1969 and Executive Order 11514;
• Notification of violating facilities pursuant to Executive Order 11738;
• Protection of wetlands pursuant to Executive Order 11990;
• Evaluation of flood hazards in floodplains in accordance with Executive Order
11988;
• Assurance of project consistency with the approved State management program
developed under the Coastal Zone Management Act of 1972, 16 U.S.C. 1451 et
seq.;
• Conformity of federal Actions to State (Clean Air) Implementation Plans under
Section 176(c)of the Clean Air Act of 1955, as amended, 42 U.S.C. 7401 et seq.;
• Protection of underground sources of drinking water under the Safe Drinking
Water Act of 1974, as amended;
• Protection of endangered species under the Endangered Species Act of 1973, as
amended;
• The Wild and Scenic Rivers Act of 1968, 16 U.S.C. 1271 et seq., which relates to
protecting components or potential components of the national wild scenic rivers
system.
7. Will comply with all other federal statutes applicable to the project, including but not
limited to:
• Title II and Ill of the Uniform Relocation Assistance and Real Property Acquisition
Policies Act of 1970, which provides for fair and equitable treatment of persons
displaced whose property is acquired as a result of federal or federally-assisted
programs;
• The Hatch Act, 5 U.S.C. 1501-1508 and 7324-7328, which limits the political
activities of employees whose principal employment activities are funded in
whole or in part with federal funds;
• The Flood Disaster Protection Act of 1973, which requires the purchase of flood
insurance in certain instances;
• Section 106 of the National Historic Preservation Act of 1966, as amended, 16
U.S.C. 470;
• Executive Order 11593, which relates to identification and protection of historic
properties;
• The Archaeological and Historic Preservation Act of 1974, 16 U.S.C. 469a-1 et
seq.;
• The Laboratory Animal Welfare Act of 1966, as amended, 7 U.S.C. 2131 et seq.,
which relates to the care, handling, and treatment of warm-blooded animals held
for research, teaching, or other activities supported by a federal award of
assistance;
• The Lead-Based Paint Poisoning Prevention Act, 42 U.S.C. 4801 et seq., which
relates to prohibiting the use of lead-based paint in construction or rehabilitation
of residence structures;
• The Single Audit Act Amendments of 1996 and OMB Circular No. A-133, "Audits
of States, Local Governments, and Non-Profit Organizations."
13
O. Energy Conservation To the extent applicable,the Grantee and its third party Contractors at
all tiers shall comply with mandatory standards and policies relating to energy efficiency that are
contained in applicable state energy conservation plans issued in compliance with the Energy
Policy and Conservation Act, 42 U.S.C. Section 6321 et seq.
P. Clean Water For all contracts and subcontracts exceeding $100,000, the Grantee agrees to
comply with all applicable standards, orders, or regulations issued pursuant to the Water Pollution
Control Act, 33 U.S.C. Section 1251 et seq.
Q. Clean Air For all contracts and subcontracts exceeding $100,000, the Grantee agrees to
comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act,
42 U.S.C. 7401 et seq.
R. Eligibility For Employment In The United States The Grantee shall complete and keep on
file, as appropriate, Immigration and Naturalization Service Employment Eligibility Forms(1-9).
These forms shall be used by the Grantee to verify that persons employed by the Grantee are
eligible to work in the United States.
S. Buy America Only steel, iron and manufactured products produced in the United States may
be purchased with Federal funds unless the Secretary of Transportation determines that such
domestic purchases would be inconsistent with the public interest;that such materials are not
reasonably available and of satisfactory quality; or that inclusion of domestic materials will
increase the cost of overall project contract by more than 25 percent. Clear justification for the
purchase of non-domestic items must be in the form of a waiver request submitted to and
approved by the Secretary of Transportation.
T. False Or Fraudulent Statements Or Claims The Grantee acknowledges that if it makes a
false, fictitious, or fraudulent claim, statement, submission, or certification to the Government in
connection with this Project, the Government reserves the right to impose on the Grantee the
penalties of 18 U.S.C. Section 1001, 49 U.S.C. Section 5307, 31 U.S.C. Section 3801, and
49 CFR Part 31, as the Government may deem appropriate. Grantee agrees to include this
clause in all state and federal assisted contracts and subcontracts.
U. Changed Conditions Affecting Performance The Grantee shall immediately notify CMAP of
any change in conditions or local law, or of any other event which may significantly affect its
ability to perform the Project in accordance with the provisions of this Agreement.
V. Third Party Disputes Or Breaches The Grantee agrees to pursue all legal rights
available to it in the enforcement or defense of any third party contract, and FTA or U.S. DOT and
CMAP reserve the right to concur in any compromise or settlement of any third party contract
claim involving the Grantee . The Grantee will notify FTA or U.S. DOT and CMAP of any current
or prospective major dispute pertaining to a third party contract. If the Grantee seeks to name the
Government as a party to the litigation, the Grantee agrees to inform both FTA or U.S. DOT and
CMAP before doing so. The Government retains a right to a proportionate share of any proceeds
derived from any third party recovery. Unless permitted otherwise by the Government, the
Grantee will credit the Project Account with any liquidated damages recovered. Nothing herein is
intended to nor shall it waive U.S. DOT's, FTA's or CMAP's immunity to suit.
W. Fly America Grantee will comply with 49 U.S.C. §40118, 4 CFR§52 and U.S. GAO
Guidelines B- 138942, 1981 U.S. Comp. Gen. LEXIS 2166,March 31, 1981 regarding costs of
international air transportation by U.S. Flag air carriers.
X. Non-Waiver The agrees that in no event shall any action or inaction on behalf of or by CMAP,
including the making by CMAP of any payment under this Agreement, constitute or be construed
14
as a waiver by CMAP of any breach by the Grantee of any terms of this Agreement or any default
on the part of the Grantee which may then exist; and any action, including the making of a
payment by CMAP, while any such breach or default shall exist, shall in no way impair or
prejudice any right or remedy available to CMAP in respect to such breach or default. The
remedies available to CMAP under this Agreement are cumulative and not exclusive. The waiver
or exercise of any remedy shall not be construed as a waiver of any other remedy available
hereunder or under general principles of law or equity.
Y. Preference for Recycled Products To the extent applicable, the Grantee agrees to give
preference to the purchase of recycled products for use in this Project pursuant to the various
U.S. Environmental Protection Agency(EPA) guidelines, "Comprehensive Procurement
Guidelines for Products Containing Recovered Materials,"40 CFR Part 247, which implements
section 6002 of the Resource Conservation and Recovery Act, as amended, 42 U.S.C. §6962.
Z. Cargo Preference- Use of United States Flag Vessels. The Grantee agrees to comply with 46
U.S.C.§ 55305 and 46 CFR Part 381 and to insert the substance of those regulations in all
applicable subcontracts issued pursuant to this Agreement,to the extent those regulations apply
to the Project.
AA. Grantee is required to register with the Central Contractor Registration (CCR), which is a
web-enabled government-wide application that collects, validates, stores and disseminates
business information about the federal government's trading partners in support of the contract
award, grants and the electronic payment processes. The Grantee must register at
https://www.bpn.gov/ccr.
As a sub-recipient of federal funds equal to or greater than $25,000 (or which equals or
exceeds that amount by addition of subsequent funds),this agreement is subject to the
following award terms: http://edocket.access.qpo.qov/2010/pdf/2010-22705.pdf and
http://edocket.access.qpo.qov/2010/pdf/2010-22706.pdf.
All of the requirements listed in Federally Funded Agreements, paragraphs A through AA apply
to the federally funded project. The Grantee agrees to include these requirements in each contract
and subcontract financed in whole or in part with federal assistance.
15
.
IN WITNESS WHEREOF, CMAP and the Grantee have executed this Agreement as of the date
first above written.
City of Elgin
Attest: 4 1t' By: 4. r
Kimberly Dewis S R. Stegall
City Clerk Title: C ty Manager
Date: December 7. 2011 Date:December 7, 2011
CHICAGO METROPOLITAN AGENCY FOR PLANNING
Attest: By:
Executive Director
Date: Date:
16
1. APPLICANT INFORMATION / COVER PAGE
The below information must be included on the cover page:
Project Title: Sidewalk Gap and Transit Stop Study
Legal Name of Applicant: City of Elgin
Address: 150 Dexter Court
City, State, Zip Code: Elgin, IL, 60120
Contact Person: David Lawry
Title: General Services Group Director
Phone Number: (847) 931-5961
Email Address: Lawry_d@cityofelgin.org
Authorized Official *: Sean Stegall/David Kaptain
Title: City Manager/Mayor
• The "Authorized Official" will be responsible for executing agreements should the
Application be included in the 2012 Community Planning Program of Projects.
2. GENERAL—ALL APPLICANTS MUST ANSWER
2.1 Identify the type of project you would like to conduct. This selection will determine the
questions you will need to answer in Section 5 of the application.
• Transit-Oriented Development Plan
• Transit Improvement Plan
ct Integrated Transportation and Land Use Plan
2.2 What are the project's goals and objectives?
The City of Elgin, although incorporated in 1854, has experienced significant growth over the last
30 years and is home to nearly 106,000 residents.The City owns and maintains over 325 miles of
streets within the City limits. In addition, there are many state, county, and township roadways
that pass through the City. With the City's efforts to implement its Sustainability Action Plan, there
is a need to inventory the roadway network and identify sidewalk locations and gaps to help with
completing a more comprehensive multi-modal transportation system.Along with this analysis
the City has an interest in working with Pace to identify appropriate locations and amenities for
commuter bus stops. The following list identifies the goals and objectives of this study:
• Complete an inventory of the entire public sidewalk network within the City.
• Provide a condition assessment for all public sidewalks and maintain in GIS database.
• Inventory and identify condition of sidewalk approaches or endpoints at intersections.
• Identify any existing sidewalk gaps along City streets and other major roadways.
• Develop sidewalk program recommendations to fill in identified gaps.
• Review existing transit stop locations and document existing conditions (i.e.signage,
benches,shelters).
• Develop and recommend standards for transit stops.
1
2.3 Explain the relationship this study will have to other past or present planning initiatives?
This Sidewalk Gap and Transit Stop Study will build off of the following previous studies the City
has performed that included a transportation component:
• Comprehensive Plan and Design Guidelines(2005)
• Bikeway Master Plan (January 2008)
• National Street Station Area Plan (2010)
• Sustainable Master Plan (2010)
• Sustainability Action Plan (2011)
In addition,the City is pursuing funding for an overall Transportation Master Plan that would
incorporate the analysis and recommendations of this study.
2.4 How will the end product be approved or adopted and will there be a commitment
towards implementing the recommendations from the plan?
This Study will be presented and approved by the City Council once completed.After being
approved by the City Council,the City would look to implement the recommendations of the Study
through a combination of City funding and other outside funding programs.
2.5 What entities or individuals do you intend to specifically include in the study process?
The City's Community Development Department would take the lead for the Study with input from
the Parks and Recreation Department, Public Works Department,the Bicycle and Pedestrian
Advisory Committee, and the general public.
2.6 Explain how you will engage the public during the planning process.
There would be a series of public workshop meetings to review the existing sidewalk inventory
and establish recommendations and priorities for implementation.
2.7 Explain how the plan will address the goals/themes of CMAP's GO TO 2040 Plan with
primary focus on the principles of Livable Communities and Regional Mobility listed below.
The full GO TO 2040 Plan can be viewed at http://www.cmap.illinois.gov/2040/main
Livable Communities
This theme addresses diverse factors that together shape quality of life in terms of"livability"
i.e. health, safety and access to jobs, services and basic needs. Livable communities are
created through effective planning and decisions by local officials, developers and individual
residents. Additional information on the principles of Livable Communities can be found at
http://www.cmap.illinois.uov/2040/livable-communities.
Regional Mobility
This theme addresses the vitality of our region's transportation system, which is crucial
for economic prosperity and overall quality of life. Transit works best when it is supported by
small-scale infrastructure improvements, such as sidewalks, bicycle facilities, and bus shelters,
and by land use planning. Additional information on the principles of Regional Mobility can be
found at http://www.cmap.illinois.qov/2040/reqional-mobility.
2
The Study would address the Goals and themes of CMAP's GO TO 2040 Plan in the following
manner.The Study would focus on providing multiple transportation options for residents to
walk or bike to transit service, local businesses and restaurants, community services,
professional offices,schools and parks and recreation. In order to improve the interconnectivity
of the City and ease the transition from one section to another,the Study would also focus on
future development practices with the establishment of interconnected development patterns.
Livability for the community would be improved through the completion of the sidewalk gaps
which would greatly enhance health, safety and access to jobs,services and basic needs. In
addition, regional mobility would be improved through location and site improvements to the bus
stops.
3. PROJECT DETAILS - ALL APPLICANTS MUST ANSWER
3.1 Project Description
ect Descri tion
Describe the proposed project in general terms. Applicants are advised to focus the
project description on the anticipated benefits to the public transit system and/or support the
GOTO 2040 Plan. Please discuss existing conditions and how the proposed project will improve
such conditions.
As the largest city in the area and home to a diverse employment base, Elgin serves the mobility
needs of its 106,000 residents and thousands of daily commuters traveling to and from the
surrounding area. Although incorporated in 1854,the City has experienced significant growth
over the last 30 years. The City owns and maintains over 325 miles of streets within the City limits.
The City also serves as a regional hub that is traversed by an interstate tollway, one U.S. highway,
four State highways, commuter rail (Metra)and freight rail service, and commuter bus service
(Pace).
An efficient and effective circulation system is a fundamental need of the City and its residents,
businesses and visitors. Elgin's transportation infrastructure affects the City's quality of life in a
variety of ways.Transportation is directly linked to the City's economic development as the
efficient movement of employees, visitors, residents and goods throughout the City is a critical
factor to strengthen Elgin's economy.
All modes of transportation begin and end with walking,therefore, the existence of pedestrian
facilities is integral to the success of all other travel modes. Moreover,the success of the multi-
modal transportation system is directly dependent on the availability of pedestrian infrastructure
around transit stops.
With that in mind,the City is interested in performing a sidewalk gap analysis and transit stop
study to address deficiencies for pedestrian facilities throughout the City limits.The sidewalk gap
analysis will consist of completing an inventory of existing sidewalks and identifying gaps in the
sidewalk system that need to be addressed to improve connectivity locally and regionally.The
second part of the study will involve reviewing the existing Pace bus stop locations and making
recommendations for improved bus stop locations and/or amenity improvements.
3.2 Project Study Area
Describe the proposed physical boundaries of the study area. In addition to the
description, applicants are encouraged to include a map of the study area.
The Study will include areas within the current City limits (See attached Boundary Map).
3
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3.3 Proposed Project Scope of Services
Detail the tasks to be included in the Project Scope of Services. Use as many tasks as
needed. Please follow the format below for each task desired.
Task 1
Title: Description:
Details and typical tasks associated with these projects can be found at
http://cp.rtachicago.com/community-planninq/eligible-projects.html.
Task 1: Complete an inventory of the entire public sidewalk network within the City.
Task 2: Provide a condition assessment for all public sidewalks and maintain in GIS database
Task 3: Inventory and identify condition of sidewalk approaches or endpoints at intersections.
Task 4:Assess ADA compliance standards for public sidewalk approaches and endpoints.
Task 5: Identify any existing sidewalk gaps along City streets and other major roadways.
Task 6: Develop sidewalk program recommendations to fill in identified gaps.
Task 7: Review existing transit stop locations and document existing conditions(i.e.signage,
benches,shelters)
Task 8: Develop and recommend standards for transit stops.
Task 9: Organize and hold public participation workshops.
5
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4. PROJECT TYPE SPECIFIC QUESTIONS—ONLY ANSWER QUESTIONS RELATED TO
PROJECT TYPE
Through the Community Planning Program, the RTA and CMAP intend to advance specific agency goals.
Goals are based on policies and guiding principles of the RTA and CMAP.
Please answer only the set of goals that relates to your specific project type.
A. Transit-Oriented Development Plans(answer questions 4.A.1 through 4.A.4)
B. Transit Improvement Plans (answer questions 4.B.1 through 4.B.4)
C. Integrated Transportation and Land Use Plans (answer questions 4.C.1 through 4.C.2)
C. INTEGRATED TRANSPORTATION AND LAND USE PLANS
In November 2010 the CMAP Board approved the GO TO 2040 Plan. GO TO 2040 is the
comprehensive regional plan created to help the seven counties and 284 communities of
northeastern Illinois plan together for sustainable prosperity through mid-century and beyond. The
Plan calls on local officials, businesses, and other stakeholder groups to implement
recommendations that -- while very specific -- have broad implications for residents' daily lives.
The plan is organized through the promotion of four themes: livable communities, human capital,
efficient governance and regional mobility. If your project is primarily focused on
integrating transportation and land use, please read the goals below and provide information
explaining how your project addresses each specific goal.
4.C.1 PRINCIPLES OF LIVABLE COMMUNITIES
Through this program, CMAP seeks projects that support GO TO 2040 Plan's Livable
Communities theme. See htto://www.cmap.illinois.gov/2040/livable-communities for the GO TO 2040
recommendations on Livable Communities. Please describe how your integrated transportation
and land use planning project will help CMAP meet the goals of this theme.
• Support for infill and reinvestment
GO TO 2040 encourages reinvestment in vacant and underutilized properties in existing communities. This
program supports plans that pursue opportunities for more compact,walkable and mixed-use development supportive
of transit.
• Addresses density, mixing uses(vertical or horizontal), and walkability
GO TO 2040 encourages new development and redevelopment in livable communities that are denser and
designed for mixed uses with access to jobs,services and basic needs.
• Addresses housing affordability, particularly near transit
It is difficult to preserve housing affordability or create new affordable options near transit because high demand to
live near transit increases the cost of housing. GO TO 2040 supports mixed income transit-oriented
development that includes affordable housing provisions maintained in the long term.
• Incorporates environmental features such as water and energy efficiency, parks and open
space, forestry programs, and green infrastructure for stormwater management
GO TO 2040 supports the integration of land use policies and site planning with water resources, energy
efficiency, and reductions in greenhouse gas emissions. Plans and programs that promote efficient transportation
while conserving open space and implementing urban forestry will further support the principles of Livable
Communities. Projects that promote the principles of LEED-ND are consistent with the above recommendations and
will be in support of the goals of GO TO 2040.
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•
• Involves interjurisdictional coordination
GO TO 2040 supports coordinated delivery of services and programs through collaboration between various
levels of governments at the local and regional levels.
• General consistency with "Livability Principles" of the federal Sustainable Communities Initiative
The Sustainable Communities Partnership, which is a collaboration between the departments of Housing and
Urban Development (HUD), the US Environmental Protection Agency (USEPA), and the Department of
Transportation (DOT),identified 6 principles of livability, listed below:
1. Providing more transportation choices;
2. Expanding access to affordable housing,particularly housing located close to transit;
3. Enhancing economic competitiveness—giving people access to jobs,education and services as well as giving
businesses access to markets;
4. Targeting federal funds toward existing communities to spur revitalization and protect rural landscapes;\
5. Increasing collaboration among federal, state, and local govemments to better target investments and
improve accountability;
6. Valuing the unique qualities of all communities--whether urban,suburban,or rural.
Through the completion of this Study,the City will have a plan in place to improve and connect
pedestrian facilities throughout the City limits.With the implementation of the recommended
sidewalk improvements,the City of Elgin will become a more"Livable Community" by promoting
a healthy and safe alternative to vehicular travel.The goals of the "Livable Communities" theme
will be met as follows:
• Public infrastructure improvements (Sidewalk construction)can provide support and
serve as a catalyst for infill and reinvestment in underutilized properties.
• Walkability will be improved through the new sidewalk connections to provide access to
jobs, services and basic needs.
• Housing options near transit will be enhanced through pedestrian improvements that will
improve access.
• By improving the walkability of a community,the environment will be enhanced with
energy conservation and reductions in greenhouse gas emissions due to less vehicular
travel.
• The City will partner with other agencies to construct sidewalks along their facilities
within the City limits.
• The sidewalk improvements are consistent with "Livability Principles" of the federal
Sustainable Communities Initiative.
4.C.2 PRINCIPLES OF REGIONAL MOBILITY
Through this program, CMAP seeks projects that support the GO TO 2040 Plan's Regional
Mobility theme. See http://www.cmap.illinois.gov/2040/regional-mobility for the GO TO 2040
recommendations on Regional Mobility. Please describe how your intearated transportation anct
Jand use planning project will help CMAP meet this theme's goals.
• Support the maintenance and modernization of the existing transportation system
GO TO 2040 supports projects that improve mobility,access and the reliability of our existing transportation network,
with a specific focus on the enhancement of the multi-modal network.
• Advance new transportation investments recommended in the plan (strategic expansions, Bus
Rapid Transit or Arterial Rapid Transit, major capital projects)
GO TO 2040 supports land use planning and local infrastructure investments that complement the major
transportation improvements identified in the plan.
• Support the use of alternative transportation including walking, biking, and transit
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GO TO 2040 supports improvements in non-motorized transportation systems that complement the existing transit
systems and that have health,environmental and economic benefits.
• Provide support for transit through small-scale infrastructure investments, supportive land
use, or other policies
GO TO 2040 encourages land use decisions that create transit-friendly environments to allow for optimal usability
of the system. This includes increased connectivity for the various modes of transportation and provision of safe
and efficient facilities for all users.
• Include innovative finance(parking pricing, value capture, etc)
GO TO 2040 encourages the use of innovative finance strategies for parking demand management, congestion
mitigation as well as provision of funding to support the existing transportation network.
• Incorporate approach to freight
GO TO 2040 encourages land use decisions that support freight while allowing for smooth flow of through-traffic to
minimize the impacts on communities.
Through the implementation of the sidewalk gap construction and improvements to transit stops,
the regional mobility for the City of Elgin will be improved.The goals of the"Regional Mobility"
theme will be met as follows:
• Adding sidewalks and improving transit stops supports the modernization of the existing
transportation system.The transportation system will become more multi-modal in
nature.
• The Study will provide recommendations for new transportation investments that could
be partnered with other major transportation initiatives.
• The implementation of this Study will involve improvements for the use of alternative
transportation including walking, biking, and transit.
• The Study will provide recommendations for sidewalk improvements that will improve
access and safety for transit.
• The City will investigate alternative means to fund the sidewalk improvements including
State and Federally funded programs and developer fees.
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r
DORT TO MAYOR 60 MEMBERS OF CITY COUNCIL. E LG I N
THE CITY IN THE SUBURBS"
AGENDA ITEM: J
MEETING DATE: November 16, 2011
ITEM:
Adoption of a Resolution to Enter into an Intergovernmental Grant Agreement with the Chicago
Metropolitan Agency for Planning
($100,000 grant)
OBJECTIVE:
Improve intermodal transportation options in the most cost effective manner possible.
RECOMMENDATION:
Adopt a resolution authorizing the agreement with Chicago Metropolitan Agency for Planning
to provide a $100,000 grant.
BACKGROUND
The city owns and maintains over 325 miles of streets. In addition, there are many state, county
and township roadways that pass through the city. With the city's efforts to implement its Sus-
tainability Action Plan, there is a need to inventory the roadway network and identify sidewalk
locations and gaps to help with completing a more comprehensive multi-modal transportation
system. Along with this analysis, the city has an interest in working with Pace to identify appro-
priate locations and amenities for commuter bus stops.
This past summer, the city applied for grant funding through the Chicago Metropolitan Agency
for Planning's (CMAP) Community Planning Program. The Community Planning Program pro-
vides funding and/or planning assistance for transportation related planning projects that bene-
fit both the local community and the regional transportation system. The city was recently noti-
fied that it will be receiving a $100,000 grant to assist with a city sidewalk gap and transit stop
study.
OPERATIONAL ANALYSIS
One of the identified priority goals of the Elgin Bicycle and Pedestrian Advisory Committee
(BPAC) is to address the existing gaps in the sidewalk system and poor access to transit stops.
This grant will provide the funding necessary to study both issues. BPAC will work closely with
the selected consultant and staff members of a steering committee to gather public input, or-
ganize workshop sessions and compile the data for the study. The city has until June 30, 2013 to
complete the study and submit for reimbursement.
The following list identifies the goals and objectives of the study:
• Complete an inventory of the entire public sidewalk network within the city
• Provide a condition assessment for all public sidewalks and maintain GIS database
• Inventory and identify condition of sidewalk approaches or endpoints at intersections
• Identify any existing sidewalk gaps along city streets and other major roadways
• Develop sidewalk program recommendations to fill in identified gaps
• Review existing transit stop locations and document existing conditions (i.e. signage,
benches, shelters)
• Develop and recommend standards for transit stops
• Organize and hold public participation workshops
INTERESTED PERSONS CONTACTED
The Bicycle and Pedestrian Advisory Committee.
FINANCIAL ANALYSIS
The city must provide staff time to coordinate this project as an in-kind match in lieu of a 20
percent cash match towards the $100,000 grant. Monthly reimbursement payments will be
made by CMAP to the city for all costs incurred up to $100,000. The city will not expend any
more than the $100,000 budgeted for this project. The project is expected to be completed by
November 2012.
BUDGET IMPACT
FUND(S) ACCOUNT(S) PROJECT#(S) AMOUNT AMOUNT
BUDGETED AVAILABLE
Riverboat 275-0000-791.92-32 039661 $1,041,950 $902,987
LEGAL IMPACT
CMAP will require a competitive procurement based on a request for proposal process for the
selection of a consultant.
ALTERNATIVES
The city council may elect not to authorize the agreement with CMAP.
J�R
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NEXT STEPS
1. Initiate a request for proposal process to hire a consultant to prepare the study.
2. Select the consulting firm.
3. Organize the public input meetings.
Originators: Paul Bednar, Park Development Coordinator
Randy Reopelle, Parks and Recreation Director
Final Review: Colleen Lavery, Chief Financial Officer
William A. Cogley, Corporation Counsel/Chief Development Officer
Richard G. Kozal, Assistant City Manager/Chief Operating Officer
Sean R. Stegall, City Manager
ATTACHMENTS
A: Intergovernmental Agreement with CMAP
B: Resolution Authorizing Execution of Agreement with CMAP
CMAP contract#
AGREEMENT
between
Chicago Metropolitan Agency for Planning
and
City of Elgin
THIS AGREEMENT, entered into on this , by and between the
Chicago Metropolitan Agency for Planning (herein called the"CMAP"), a body politic and
corporate created by the State of Illinois, and the City of Elgin, 150 Dexter Court, Elgin, IL, 60120,
(herein called the"Grantee").
WITNESSETH
WHEREAS, the Grantee has made application to CMAP for funding to complete the Sidewalk
Gap and Transit Stop Study (hereafter called the"Project"). The grant application submitted by
the Grantee (Attachment 1) is incorporated by reference into this Agreement with full force and
effect, as if fully set forth herein; and
WHEREAS, the Grantee's application has been approved by CMAP; and
WHEREAS, CMAP desires to provide funding to the Grantee to complete the Project with a
contractor who has been selected through a formal procurement process;
NOW,THEREFORE, the parties hereto mutually agree as follows:
1. Engagement of Grantee. CMAP hereby agrees to provide funding to the Grantee and the
Grantee hereby agrees to procure assistance from a qualified contractor to complete the
Project.
2. Funding Source. The funding source for this contract is the Illinois Department of
Transportation (IDOT). The IDOT is not a party to this agreement. CFDA Number 20.205;
Federal Highway Administration (FHWA); Illinois Highway Planning & Research Program.
3. Scope of Services. The Grantee shall perform and carry out in a satisfactory and proper
manner, as determined by CMAP, the tasks described in the grant application (Attachment
1). In addition to the tasks described in the grant application, the Grantee is also responsible
for establishing a steering committee to guide work on this project, as well as conducting a
thorough public engagement process; these responsibilities can be fulfilled either directly by
the Grantee or with assistance from a qualified contractor.
4. Procurement of Contractor. The Grantee is responsible for administering the procurement for
the contractor and management of the contract secured through that procurement. All
procurement transactions for Contractual Services shall be conducted in a manner that
provides maximum open and free competition. The GRANTEE shall also conduct a RFP
process meeting the following minimum procedural requirements:
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Request for Proposal (RFP): Competitive negotiation procedures shall be used to procure
services having a total value of more than $10,000. The RFP shall be publicized, proposals
shall be solicited from an adequate number of qualified sources, negotiations are normally
conducted with more than one source, and a cost reimbursement contract shall be awarded
based on a technical evaluation of the proposals received. Award may be made to the
responsible offeror whose proposal will be most advantageous to the procuring party, price
and other factors considered. Unsuccessful offerors should be notified promptly. The
Grantee shall include a requirement in all contracts with third parties that the contractor or
consultant will comply with the requirements of this Agreement in performing such contract,
and that the contract is subject to the terms and conditions of this Agreement.
The Grantee shall maintain records sufficient to detail the significant history of the
procurement. These records shall include, but are not necessarily limited to: information
pertinent to rationale for the method of procurement, selection of contract type, contractor
selection or rejection, and basis for the cost or price.
No Grantee employee shall participate in the procurement of products or services if a conflict
of interest, real or apparent, would be involved. No employee shall solicit or accept anything
of monetary value from bidders or suppliers.
5. Subcontracts.
a. Any subcontractors or outside associates or consultants required by the Grantee in
connection with the services covered by this Agreement will be limited to such individuals
or firms as are obtained through the Request for Proposal process. The selection of
contractor(s) is prohibited without prior written consent of CMAP. Any substitutions in or
additions to such subcontractors, associates or consultants will be subject to the prior
approval of CMAP.
b. All subcontracts for work under this Agreement shall contain those applicable
provisions which are required in this Agreement.
c. The Grantee may not subcontract services agreed to under this Agreement without
prior written approval of CMAP.
6. Time of Performance. The services of the Grantee are to commence as soon as practicable
after the execution of this Agreement and shall be undertaken and completed to assure their
expeditious completion. This contract terminates on June 30, 2013. No extensions of this
contract are possible.
7. Funding Compensation. CMAP agrees to reimburse the Grantee on a monthly basis. It is
expressly agreed and understood that in no event will the total compensation exceed the
maximum sum of$100,000 for all services provided hereunder.
8. Allowable Charges. No expenditures or charges shall be included in the cost of the Project
and no part of the money paid to the Grantee shall be used by the Grantee for expenditures
or charges that are: (i) contrary to provisions of this Agreement or the latest budget approved
by a duly-authorized official of CMAP; (ii) not directly for the carrying of the Project;(iii) of a
regular and continuing nature, except that of salaries and wages of appointed principal
executives of the Contractor who have not been appointed specifically for the purposes of
directing the Project, who devote official time directly to the Project under specific
assignments, and respecting whom adequate records of the time devoted to and services
performed for the Project are maintained by the Contractor may be considered as proper
costs of the Project to the extent of the time thus devoted and recorded if they are otherwise
in accordance with the provisions hereof; or(iv) incurred without the consent of CMAP after
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written notice of the suspension or termination of any or all of CMAP's obligations under this
Agreement.
9. Reports and Methods of Payment.
Based on services performed, Grantee may submit invoices as frequently as once a month.
All invoices are to be submitted through email to:
accountinc cmap.illinois.gov
Payment will be made within thirty(30) days of receipt of the invoice unless there is a
discrepancy regarding the invoice. Transfer of funds will be made electronically. Notification
of the transfer will be made to you. Please provide the following information:
Bank Name:
Telephone No.:
Account No.:
Bank ACH Routing No.:
Grantee email address for confirmation:
DUNS No.
Invoices must be accompanied by appropriate documentation from the contractor(s)that
have been procured by the Grantee for the purposes of carrying out the Project. CMAP will
reimburse the Grantee only for allowable expenses incurred by the contractor.
Subject to the conditions of this Agreement, CMAP will honor invoices in amounts deemed by
it to be proper to insure the carrying out of the approved scope of services and shall be
obligated to pay the Grantee such amounts as may be approved by CMAP. Invoices shall
detail expenses and amount of time spent on the CMAP project. If an invoice is not
acceptable, CMAP shall promptly provide the Grantee a written statement regarding its
ineligibility or deficiencies to be eliminated prior to its acceptance and processing.
10. Audit and Access to Records.
a. The Grantee and its subcontracts under this Agreement shall preserve and produce upon
request of the authorized representatives of CMAP all data, records, reports,
correspondence and memoranda of every description of the Grantee and its
subcontractors, if any, under this Agreement relating to carrying out this Agreement for
the purposes of an audit, inspection or work review for a period of three (3) years after
completion of the project, except that:
(1) If any litigation, claim or audit is started before the expiration of three-year period, the
records shall be retained until all litigation, claims or audit findings involving the
records have been resolved.
(2) Records for nonexpendable property acquired with federal funds shall be retained for
three years after its final disposition.
b. The Grantee shall include in all subcontracts, if any, under this Agreement a provision
that CMAP will have full access to and the right to examine any pertinent books,
documents, papers, and records of any such subcontractor involving transactions related
3
to the subcontract for three (3) years from the final payment under that subcontract
except that:
(1) If any litigation, claim or audit is started before the expiration of three-year period, the
records shall be retained until all litigation, claims or audit findings involving the
records have been resolved.
(2) Records for nonexpendable property acquired with federal funds shall be retained for
three years after its final disposition.
The term "subcontract" as used in this clause excludes purchase orders not exceeding
$2,500.
11. Agreements. This Agreement constitutes the entire agreement between the parties hereto.
Any change proposed by either party to this Agreement shall be submitted to the other party
for its prior approval. No modification, addition, deletion, etc., to this Agreement shall be
effective unless such changes are reduced to writing and executed by the authorized
representatives of both parties.
12. Suspension. If the Grantee fails to comply with the special conditions and/or the general
terms and conditions of this Agreement, CMAP may, after written notice to the Grantee,
suspend the Agreement and withhold further payments or prohibit the Grantee from incurring
additional obligations of funds pending corrective action by the Grantee. If corrective action
has not been completed within sixty(60) calendar days after service of written notice of
suspension, CMAP shall notify the Grantee in writing that the Agreement has been
terminated by reason of default in accordance with paragraph 11 hereof. CMAP may
determine to allow such necessary and proper costs which the Grantee could not reasonably
avoid during the period of suspension provided such costs meet the provisions of the U.S.
Office Management and Budget Circular A-87 in effect on the date first above written.
13. Termination.
a. This Agreement may be terminated in whole or in part in writing by either party in the
event of substantial failure (hereinafter termed"Termination by Default") by the other
party to fulfill its obligations under this Agreement through no fault of the terminating
party, provided that no such termination may be affected unless the other party is given
(i) not less than seven (7) calendar days written notice (delivered by certified mail, return
receipt requested) of intent to Termination by Default, and (ii) an opportunity for
consultation with the terminating party prior to Termination by Default.
b This Agreement may be terminated in whole or in part in writing by CMAP for its
convenience, provided that the Grantee is given not less than seven (7) calendar days
written notice (delivered by certified mail, return receipt requested) of intent to terminate.
c. If Termination by Default is effected by CMAP, an equitable adjustment in the price
provided for in this Agreement shall be made, but(i) no amount shall be allowed for
anticipated profit on unperformed services or other work, and (ii) any payment due to the
Grantee at the time of termination may be adjusted to the extent of any additional costs
occasioned to CMAP by reason of the Grantee's default. If termination by default is
effected by the Grantee, or if termination for convenience is effected by CMAP, the
equitable adjustment shall include a reasonable profit for services or other work
performed. The equitable adjustment for any termination shall provide payment to the
Grantee for services rendered and expenses incurred prior to termination, in addition
CMAP may include cost reasonably incurred by the Grantee relating to commitments
which had become firm prior to termination.
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d. Upon notice of termination action pursuant to paragraphs a or b of this clause,the
Grantee shall (i) promptly discontinue all services affected (unless the notice directs
otherwise) and (ii) deliver or otherwise make available to CMAP all date, drawings,
specifications, reports, estimates, summaries and such other information and materials
as may have been accumulated by the Grantee in performing this Agreement, whether
completed or in the process.
e. Upon termination pursuant to paragraphs a or b of this clause, CMAP may take over the
work and prosecute the same to completion by agreement with another party otherwise.
f. In the event the Grantee must terminate this Agreement due to
circumstances beyond its control, the termination shall be deemed to have been effected
for the convenience of CMAP. In such event, adjustment of the price provided for in this
agreement shall be made as provided in paragraph c of this clause.
14. Remedies. Except as may be otherwise provided in this Agreement, all claims,
counterclaims, disputes and other matters in question between CMAP and the Grantee
arising out of or relating to this Agreement or the breach thereof will be decided by arbitration.
If the parties hereto mutually agree, a request for remedy may be sought from a court of
competent jurisdiction within the State of Illinois, County of Cook.
15. Equal Employment Opportunity. The Grantee will comply with Executive Order 11246
entitled"Equal Employment Opportunity," as amended by U.S. Department of Labor
regulations (41 CFR Part 60). In connection with the execution of this Agreement, the
Grantee shall not discriminate against any employee or an applicant for employment because
of race, religion, color, sex, national origin, ancestry, or physical or mental handicap unrelated
to ability. The Grantee shall take affirmative actions to insure that applicants are employed,
and that employees are treated during their employment without regard to their race, religion,
color, sex, national origin, ancestry, or physical or mental handicap unrelated to ability. Such
actions shall include, but not be limited to, employment, promotion, demotion, transfer,
recruitment, recruitment advertising, layoff, termination, rates of pay, other forms of
compensation, and selection for training or apprenticeship. The Grantee shall cause the
provisions of this paragraph to be inserted into all subcontractors work covered by this
Agreement so that such provisions will be binding upon each subcontractor, provided that
such provisions shall not apply to contracts or subcontracts for standard commercial supplies
or raw materials.
16. Small and Minority Business Enterprise. In connection with the performance of this
Agreement the Grantee will cooperate with CMAP in meeting its commitments and goals with
respect to the maximum utilization of small business and minority business enterprises, and
will use its best efforts to insure that small business and minority business enterprises shall
have the maximum practicable opportunity to compete for subcontract work under this
Agreement.
17. Political Activity. No portion of funds for this subcontract shall be used for any partisan
political activity or to further the election or defeat of any candidate for public office.
18. Prohibited Interest.
a. No officer or employee of CMAP and no member of its governing body and no other public
official of any locality in which the Project objectives will be carried out who exercises any
functions or responsibilities in the review or approval of the undertaking or carrying out of
such objectives shall (i) participate in any decision relating to any subcontract negotiated
under this Agreement which affects his personal interest or the interest of any
corporation, partnership or association in which he is, directly or indirectly, interested; or
5
(ii) have any financial interest, direct or indirect, in such subcontract or in the work to be
performed under such contract.
b. No member of or delegate of the Illinois General Assembly or the Congress of the United
States of America, and no federal Resident Commissioner, shall be admitted to any
share hereof or to any benefit arising herefrom.
c. The Grantee warrants and represents that no person or selling agency has been
employed or retained to solicit or secure this Agreement, upon an agreement or
understanding for a commission, percentage, bonus, brokerage or contingent fee, or
gratuity, excepting its bona fide employees. For breach or violation of this warranty the
CMAP shall have the right to annul this Agreement without liability or, at its discretion, to
deduct from the Agreement price or consideration, or otherwise recover, the full amount
of such commission, percentage bonus, brokerage or contingent fee, or gratuity.
19. Federal Reporting Standards.
a. The Grantee agrees that any material or design specified by the Grantee or supplied by
the Grantee pursuant to this Agreement shall not infringe any patent or copyright and the
Grantee shall be solely responsible for securing any necessary licenses required for
patented or copyrighted material used by the Grantee.
b. If any claim is brought against CMAP by third parties for alleged infringement of third-party
patent and copyright and intellectual rights, which claim is caused by breach of the
Grantee's promise as contained in paragraph a of this clause, the Grantee shall save
harmless and indemnify CMAP from all loss, damage or expense (including attorney's
fees) due to defending CMAP from such claim.
c. If the principal purpose of this Agreement is to create, develop or improve products,
processes or methods; or to explore into fields which directly concern public health,
safety or welfare, or if the Project is in a field of science or technology in which there has
been little significant experience outside of work funded by federal assistance; and any
discovery or invention arises or is developed in the course of or under this Agreement,
such invention or discovery shall be subject to the reporting and rights provisions of U.S.
Office of Management and Budget Circular No. A-102, and to the pertinent regulations of
the grantor agency(ies) in effect on the date of execution of this Agreement. The
Grantee shall include provisions appropriate to the effectuate the purpose of this
condition in all subcontracts under this Agreement involving research, developmental,
experimental or demonstration work.
20. Assignment.
a. This agreement shall be binding upon, and inure to the benefit of, the respective
successors, assigns, heirs, and personal representatives of CMAP and Grantee. Any
successor to the Grantee's rights under this Agreement must be approved by CMAP
unless the transaction is specifically authorized under federal law. Any successor will be
required to accede to all the terms, conditions and requirements of the Agreement as a
condition precedent to such succession.
b. The Grantee shall not assign any interest in this Agreement and shall not transfer any
interest in the same (whether by assignment or novation), without the prior written
consent of CMAP hereto, provided, however, that claims for money due or to become
due to the Grantee from CMAP under this Agreement may be assigned to a bank, trust
company or other financial institution without such approval. Notice of any such
assignment or transfer shall be furnished to CMAP.
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21. Conflict of Interest. In order to avoid any potential conflict or interest, the Grantee agrees
during the term of this Agreement not to undertake any activities which could conflict directly
or indirectly with the interest of CMAP. Grantee shall immediately advise CMAP of any such
conflict of interest. CMAP shall make the ultimate determination as to whether a conflict of
interest exists.
22. Publication. CMAP shall have royalty-free, nonexclusive and irrevocable license to
reproduce, publish, disclose, distribute, and otherwise use, in whole or in part, any reports,
data or other materials specifically prepared under this Agreement, and to authorize other
material to do so. The Grantee shall include provisions appropriate to effectuate the purpose
of this clause in all subcontracts for work under this Agreement.
23. Identification of Documents. All reports, maps, and other documents completed as part of
this Agreement, other than documents exclusively for internal use within the Grantee's
offices, shall carry the following notation on the front cover or a title page or, in the case of
maps, in the same area which contains the name of CMAP and of the Grantee. "This
material was prepared in consultation with CMAP, the Chicago Metropolitan Agency for
Planning, (http://www.cmap.illinois.qov)."
24. Force Majeure. Either party shall be excused from performing its obligations under this
Agreement during the time and to the extent that it is prevented from performing by a cause
beyond its control including, but not limited to: any incidence of fire, flood; acts of God;
commandeering of material, products, plants or facilities by the Federal, state or local
government; national fuel shortage; or a material act of omission by the other party; when
satisfactory evidence of such cause is presented to the other party, and provided further that
such nonperformance is unforeseeable, beyond the control and is not due to the fault or
negligence of the party not performing.
25. Workers' Compensation Insurance. The Grantee and any subcontractors shall, at their own
expense, obtain and maintain Workers' Compensation insurance to cover persons employed
in connection with services under this agreement. The limits for the Worker's Compensation
coverage shall be no less than the statutory limits required by the State of Illinois.A certificate
of insurance must be included with this contract.
26. Independent Contractor. Grantee's relationship to CMAP in the performance of this
Agreement is that of an independent Contractor. Grantee's personnel performing work under
this Agreement shall at all times be under Grantee's exclusive direction and control and shall
be employees of Grantee and not employees of CMAP. Grantee shall pay all wages, salaries
and other amounts due its employees in connection with this Agreement and shall be
responsible for all reports and obligations respecting them, including, but not limited to, social
security, income tax withholding, and unemployment compensation, workers ' compensation
insurance and similar matters.
27. Federal, State and Local Laws. Grantee warrants that in the performance of this Agreement it
shall comply with all applicable federal, state and local laws, statutes and ordinances and all
lawful orders, rules and regulations promulgated thereunder. Since laws, regulations,
directives, etc. may be modified from time-to-time, the Grantee shall be responsible for
compliance as modifications are implemented. The Grantee's failure to comply shall
constitute a material breach of this contract.
28. Hold Harmless and Indemnity. Grantee shall indemnify, defend and hold harmless CMAP, its
officers, directors, employees and agents from and against any and all claims (including
attorney's fees and reasonable expenses for litigation or settlement) for any loss, or
damages, bodily injuries, including death, damage to or loss of use of property caused by the
negligent acts, omissions or willful misconduct of Grantee, its officers, directors, employees,
7
agents, subcontractors or suppliers, in connection with or arising out of the performance of
this Agreement.
29. International Boycott. Grantee certifies that neither Grantee nor any substantially owned
affiliate is participating or shall participate in an international boycott in violation of the U.S.
Export Administration Act of 1979 or the applicable regulation of the U.S. Department of
Commerce. This applies to contracts that exceed $10,000 (30 ILCS 582).
30. Forced Labor. Grantee certifies it complies with the State Prohibition of Goods from Forced
Labor Act, and certifies that no foreign-made equipment, materials, or supplies furnished to
CMAP under this agreement have been or will be produced in whole or in part by forced
labor, or indentured labor under penal sanction (30 ILCS 583).
Federally Funded Agreements
A. Standard Assurances. The Grantee assures that it will comply with all applicable federal
statutes, regulations, executive orders, Federal Transit Administration (FTA) circulars, and other
federal requirements in carrying out any project supported by federal funds. The Grantee
recognizes that federal laws, regulations, policies, and administrative practices may be modified
from time to time and those modifications may affect project implementation. The Grantee agrees
that the most recent federal requirements will apply to the project.
B. Certification Regarding Lobbying. As required by the United States Department of
Transportation (U.S. DOT) regulations, "New Restrictions on Lobbying," at 49 CFR 20.110, the
Grantee's authorized representative certifies to the best of his or her knowledge and belief that for
each agreement for federal assistance exceeding $100,000:
1. No federal appropriated funds have been or will be paid by or on behalf of the Grantee
to any person to influence or attempt 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 regarding the award of federal assistance, or the extension,
continuation, renewal, amendment, or modification of any federal assistance agreement;
and
2. If any funds other than federal appropriated funds have been or will be paid to any
person to influence or attempt 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 any application for federal assistance, the
Grantee assures that it will complete and submit Standard Form-LLL, "Disclosure Form to
Report Lobbying," including information required by the instructions accompanying the
form, which form may be amended to omit such information as authorized by 31 U.S.C.
1352.
3. The language of this certification shall be included in the award documents for all
subawards at all tiers (including subcontracts, subgrants, and contracts under grants,
loans, and cooperative agreements).
The Grantee understands that this certification is a material representation of fact upon which
reliance is placed and that submission of this certification is a prerequisite for providing federal
assistance for a transaction covered by 31 U.S.C. 1352. The Grantee also understands that any
person who fails to file a required certification shall be subject to a civil penalty of not less than
$10,000 and not more than $100,000 for each such failure.
C. Nondiscrimination Assurance.As required by 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 or business opportunity), 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
8
the Department of Transportation--Effectuation of Title VI of the Civil Rights Act,"49 CFR Part 21
at 21.7, the Grantee assures that it will comply with all requirements of 49 CFR Part 21; FTA
Circular 4702.1A, "Title VI and Title VI - Dependent Guidelines for Federal Transit Administration
Recipients,"and other applicable directives, so that no person in the United States, on the basis
of race, color, national origin, creed, sex, or age will be excluded from participation in, be denied
the benefits of, or otherwise be subjected to discrimination in any program or activity(particularly
in the level and quality of transportation services and transportation-related benefits)for which the
Grantee receives federal assistance.
Specifically, theperiod in which federal assistance is during extended to the project, or project
property is used for a purpose for which the federal assistance is extended or for another purpose
involving the provision of similar services or benefits, or as long as the Grantee retains ownership
or possession of the project property, whichever is longer, the Grantee assures that:
1. Each project will be conducted, property acquisitions will be undertaken, and project
facilities will be operated in accordance with all applicable requirements of 49 U.S.C.
5332 and 49 CFR Part 21, and understands that this assurance extends to its entire
facility and to facilities operated in connection with the project.
2. It will promptly take the necessary actions to effectuate this assurance, including notifying
the public that complaints of discrimination in the provision of transportation-related
services or benefits may be filed with U.S. DOT or FTA. Upon request by U.S. DOT or
FTA, the Grantee assures that it will submit the required information pertaining to its
compliance with these requirements.
3. It will include in each subagreement, property transfer agreement, third party contract,
third party subcontract, or participation agreement adequate provisions to extend the
requirements of 49 U.S.C. 5332 and 49 CFR Part 21 to other parties involved therein
including any subrecipient, transferee, third party contractor, third party subcontractor at
any level, successor in interest, or any other participant in the project.
4. Should it transfer real property, structures, or improvements financed with federal
assistance to another party, any deeds and instruments recording the transfer of that
property shall contain a covenant running with the land assuring nondiscrimination for the
period during which the property is used for a purpose for which the federal assistance is
extended or for another purpose involving the provision of similar services or benefits.
5. The United States has a right to seek judicial enforcement with regard to any matter
arising under the Act, regulations, and this assurance.
6. It will make any changes in its 49 U.S.C. 5332 and Title VI implementing procedures as
U.S. DOT or FTA may request.
D. Control of Property. The Grantee certifies that the control, utilization and disposition of
property or equipment acquired using federal funds is maintained according to the provisions of
OMB Circular A-102 Common Rule.
E. Cost Principles. The cost principles of this Agreement are governed by the cost principles
found in 49 CFR Part 18.22 and OMB Circular A-87, "Cost Principles for State, local or Indian
tribal governments", and all costs included in this Agreement are allowable under 49 CFR Part
18.22 and OMB Circular A-87, "Cost Principles for State, local or Indian tribal governments".
F. Debarment. The Grantee shall comply with Debarment provisions as contained in 2 CFR Part
1200, as amended. The Grantee certifies that to the best of its knowledge and belief, the Grantee
and the Grantee's principals: a) are not presently debarred, suspended, proposed for
debarment, declared ineligible or voluntarily excluded from covered transactions by any federal
department or agency; b) within a three-year period preceding this Agreement have not been
convicted of or had a civil judgment rendered against it for commission of fraud or a criminal
offense in connection with obtaining, attempting to obtain or performing a public(federal, state or
local)transaction or contract under a public transaction, violation of federal or state anti-trust
9
statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of
records, making false statements or receiving stolen property; c) are not presently indicted for or
otherwise criminally or civilly charged by a governmental entity(federal, state or local)with
commission of any of the offenses enumerated in subsection (b), above; and d) have not within a
three-year period preceding this Agreement had one or more public transactions (federal, state or
local)terminated for cause or default.
The inability of the Grantee to certify to the certification in this section will not necessarily result in
denial of participation in this Agreement. The Grantee shall submit an explanation of why it
cannot provide the certification in this section. This certification is a material representation of fact
upon which reliance was placed when CMAP determined whether to enter into this transaction. If
it is later determined that the Grantee knowingly rendered an erroneous certification, in addition to
other remedies available to the federal government, CMAP may terminate this Agreement for
cause. The Grantee shall provide immediate written notice to CMAP if at any time the Grantee
learns that its certification was erroneous when submitted or has become erroneous by reason of
changed circumstances. The terms"covered transaction,""debarred,""suspended," "ineligible,"
"lower tier covered transaction," "participant," "person," "primary covered transaction," "principal,"
"proposal," and "voluntarily excluded," as used in this Part shall have the meaning set out in the
Definitions and Coverage sections of the rules implementing Executive Order 12549.
The Grantee agrees that it shall not knowingly enter into any lower tier covered transaction with a
person who is debarred, suspended, declared ineligible or voluntarily excluded from participation
in this covered transaction, unless authorized, in writing, by CMAP. The Grantee Agrees that it
will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and
Voluntary Exclusion-Lower Tier Covered Transaction," provided by CMAP, without modification,
in all lower tier covered transactions and in all solicitations for lower tier covered transactions. The
Grantee may rely upon a certification of a prospective participant in a lower tier covered
transaction that it is not debarred, suspended, ineligible or voluntarily excluded from the covered
transaction, unless the Grantee knows the certification is erroneous. The Grantee may decide the
method and frequency by which it determines the eligibility of its principals. The Grantee may, but
is not required to, check the Non-procurement List. If the Grantee knowingly enters into a lower
tier covered transaction with a person who is suspended, debarred, ineligible or voluntarily
excluded from participation, in addition to other remedies available to the federal government,
CMAP may terminate this Agreement for cause or default.
Nothing contained in this section shall be construed to require establishment of a system of
records in order to render in good faith the certification required by this section. The knowledge
and information of the Grantee is not required to exceed that which is normally possessed by a
prudent person in the ordinary course of business dealings.
G. Single Audit.The Single Audit Act of 1984(Public Law 98-502)and the Single Audit
Amendments of 1996 (P.L. 104-156) require the following:
1. State or local governments that receive $500,000 or more a year in federal financial
assistance shall have an audit made in accordance with the Office of Management and
Budget(OMB) Circular No. A-133.
2. State or local governments that receive less than $500,000 a year shall be exempt from
compliance with the Act and other federal requirements.
3. Nothing in this paragraph exempts state or local governments from maintaining records
of federal financial assistance or from providing access to such records to federal
Agencies, as provided for in federal law or in Circular A-133"Audits of States, Local
Governments and Non-Profit Organizations."
4. A copy of the audit report must be submitted to CMAP within 30 days after completion of
the audit, but no later than one year after the end of the Grantee's fiscal year.
H. Drug Free Workplace. The Grantee certifies that it will comply with the requirements of the
federal Drug Free Workplace Act, 41 U.S.C. 702 as amended, and 49 CFR 32.
10
I. Disadvantaged Business Enterprise Assurance. In accordance with 49 CFR 26.13(a), as
amended, the Grantee assures that it shall not discriminate on the basis of race, color, national
origin, or sex in the implementation of the project and in the award and performance of any third
party contract, or subagreement supported with Federal assistance derived from the U.S. DOT or
in the administration of its Disadvantaged Business Enterprise (DBE) program or the
requirements of 49 CFR Part 26, as amended. The Grantee assures that it shall take all
necessary and reasonable steps set forth in 49 CFR Part 26, as amended, to ensure
nondiscrimination in the award and administration of all third party contracts and subagreements
supported with Federal assistance derived from the U.S. DOT. The Grantee's DBE program, as
required by 49 CFR Part 26, as amended, will be incorporated by reference and made a part of
this Agreement for any Federal assistance awarded by FTA or U.S. DOT. Implementation of this
DBE program is a legal obligation of the Grantee, and failure to carry out its terms shall be treated
as a violation of the Agreement. Upon notification by the Federal Government or CMAP to the
Grantee of its failure to implement its approved DBE program, the U.S. DOT may impose
sanctions as provided for under 49 CFR Part 26, as amended, and may in appropriate cases,
refer the matter for enforcement under 18 U.S.C. 1001, as amended, and/or the Program Fraud
Remedies Act, 31 U.S.C. 3801 et seq., as amended.
J.Assurance of Nondiscrimination on the Basis of Disability. As required by U.S. DOT
regulations, "Nondiscrimination on the Basis of Handicap in Programs and Activities Receiving or
Benefiting from Federal Financial Assistance," at 49 CFR 27.9, the Grantee assures that, as a
condition to the approval or extension of any Federal assistance awarded by FTA to construct
any facility, obtain any rolling stock or other equipment, undertake studies, conduct research, or
to participate in or obtain any benefit from any program administered by FTA, no otherwise
qualified person with a disability shall be, solely by reason of that disability, excluded from
participation in, denied the benefits of, or otherwise subjected to discrimination in any program or
activity receiving or benefiting from Federal assistance administered by the FTA or any entity
within U.S. DOT. The Grantee assures that project implementation and operations so assisted
will comply with all applicable requirements of U.S. DOT regulations implementing the
Rehabilitation Act of 1973, as amended, 29 U.S.C. 794, et seq., and the Americans with
Disabilities Act of 1990, as amended, 42 U.S.C. 12101 et seq., and implementing U.S. DOT
regulations at 49 CFR parts 27, 37, and 38, and any applicable regulations and directives issued
by other Federal departments or agencies.
K. Procurement Compliance Certification. The Grantee certifies that its procurements and
procurement system will comply with all applicable third party procurement requirements of
Federal laws, executive orders, regulations, and FTA directives, and requirements, as amended
and revised, as well as other requirements FTA may issue including FTA Circular 4220.1F, "Third
Party Contracting Guidance," and any revisions thereto, to the extent those requirements are
applicable. The Grantee certifies that it will include in its contracts financed in whole or in part with
FTA assistance all clauses required by Federal laws, executive orders, or regulations, and will
ensure that each subrecipient and each Grantee will also include in its subagreements and its
contracts financed in whole or in part with FTA assistance all applicable clauses required by
Federal laws, executive orders, or regulations.
L. Intelligent Transportation Systems Program. As used in this assurance, the term Intelligent
Transportation Systems (ITS) project is defined to include any project that in whole or in part
finances the acquisition of technologies or systems of technologies that provide or significantly
contribute to the provision of one or more ITS user services as defined in the"National ITS
Architecture."
1. In accordance with Section 5307(c) of SAFETEA-LU, 23 U.S.C. 502 note, the Grantee
assures it will comply with all applicable requirements of Section V(Regional ITS
Architecture and Section VI (Project Implementation)) of FTA Notice, "FTA National ITS
Architecture Policy on Transit Projects,"at 66 Fed. Reg. 1455 et seq., January 8, 2001,
and other FTA requirements that may be issued in connection with any ITS project it
11
undertakes financed with Highway Trust Funds (including funds from the mass transit
account)or funds made available for the Intelligent Transportation Systems Program
authorized by SAFETEA-LU, 23 U.S.C. 502 note.
2. With respect to any ITS project financed with Federal assistance derived from a source
other than Highway Trust Funds (including funds from the Mass Transit Account) or
SAFETEA-LU, 23 U.S.C. 502 note, the Grantee assures that is will use its best efforts to
ensure that any ITS project it undertakes will not preclude interface with other intelligent
transportation systems in the Region.
M. Davis-Bacon Act. To the extent applicable, the Grantee will comply with the Davis-Bacon Act,
as amended, 40 U.S.C. 3141 et seq., the Copeland "Anti-Kickback"Act, as amended, 18 U.S.C.
874, and the Contract Work Hours and Safety Standards Act, as amended, 40 U.S.C. 3701 et
seq., regarding labor standards for federally assisted subagreements.
N. Certifications and Assurances Required by the U.S. Office of Management and Budget
(OMB) (SF-424B and SF-424D)
As required by OMB, the Grantee certifies that it:
1. Has the legal authority and the institutional, managerial, and financial capability
(including funds sufficient to pay the non-federal share of project cost) to ensure
proper planning, management, and completion of the project.
2. Will give the U.S. Secretary of Transportation, the Comptroller General of the
United States, and, if appropriate, the state, through any authorized representative,
access to and the right to examine all records, books, papers, or documents related
to the award; and will establish a proper accounting system in accordance with
generally accepted accounting standards or agency directives;
3. Will establish safeguards to prohibit employees from using their positions for a
purpose that constitutes or presents the appearance of personal or organizational
conflict of interest or personal gain;
4. Will initiate and complete the work within the applicable project time periods;
5. Will comply with all applicable Federal statutes relating to nondiscrimination
including, but not limited to:
• Title VI of the Civil Rights Act, 42 U.S.C. 2000d, which prohibits discrimination on
the basis of race, color, or national origin;
• Title IX of the Education Amendments of 1972, as amended, 20 U.S.C. 1681
through 1683, and 1685 through 1687, and U.S. DOT regulations,
"Nondiscrimination on the Basis of Sex in Education Programs or Activities
Receiving Federal Financial Assistance," 49 CFR Part 25, which prohibit
discrimination on the basis of sex;
• Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. 794, which
prohibits discrimination on the basis of handicap;
• The Age Discrimination Act of 1975, as amended, 42 U.S.C. 6101 through 6107,
which prohibits discrimination on the basis of age;
• The Drug Abuse, Prevention, Treatment and Rehabilitation Act, Public Law 92-
255, and amendments thereto, 21 U.S.C. 1101 et seq. relating to
nondiscrimination on the basis of drug abuse;
• The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and
Rehabilitation Act of 1970, Public Law 91-616, and amendments thereto, 42
U.S.C. 4541 et seq. relating to nondiscrimination on the basis of alcohol abuse or
alcoholism;
• The Public Health Service Act of 1912, as amended, 42 U.S.C. 290dd-2 related
to confidentiality of alcohol and drug abuse patient records;
• Title VIII of the Civil Rights Act, 42 U.S.C. 3601 et seq., relating to
nondiscrimination in the sale, rental, or financing of housing;
• Any other nondiscrimination provisions in the specific statutes under which
12
Federal assistance for the project may be provided including, but not limited, to
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 or
business opportunity, and Section 1101(b) of the Transportation Equity Act for
the 21st Century, 23 U.S.C. 101 note, which provides for participation of
disadvantaged business enterprises in FTA programs; and
• Any other nondiscrimination statute(s)that may apply to the project.
6. Will comply with all federal environmental standards applicable to the project,
including but not limited to:
• Institution of environmental quality control measures under the National
Environmental Policy Act of 1969 and Executive Order 11514;
• Notification of violating facilities pursuant to Executive Order 11738;
• Protection of wetlands pursuant to Executive Order 11990;
• Evaluation of flood hazards in floodplains in accordance with Executive Order
11988;
• Assurance of project consistency with the approved State management program
developed under the Coastal Zone Management Act of 1972, 16 U.S.C. 1451 et
seq.;
• Conformity of federal Actions to State (Clean Air) Implementation Plans under
Section 176(c) of the Clean Air Act of 1955, as amended, 42 U.S.C. 7401 et seq.;
• Protection of underground sources of drinking water under the Safe Drinking
Water Act of 1974, as amended;
• Protection of endangered species under the Endangered Species Act of 1973, as
amended;
• The Wild and Scenic Rivers Act of 1968, 16 U.S.C. 1271 et seq., which relates to
protecting components or potential components of the national wild scenic rivers
system.
7. Will comply with all other federal statutes applicable to the project, including but not
limited to:
• Title II and III of the Uniform Relocation Assistance and Real Property Acquisition
Policies Act of 1970, which provides for fair and equitable treatment of persons
displaced whose property is acquired as a result of federal or federally-assisted
programs;
• The Hatch Act, 5 U.S.C. 1501-1508 and 7324-7328, which limits the political
activities of employees whose principal employment activities are funded in
whole or in part with federal funds;
• The Flood Disaster Protection Act of 1973, which requires the purchase of flood
insurance in certain instances;
• Section 106 of the National Historic Preservation Act of 1966, as amended, 16
U.S.C. 470;
• Executive Order 11593, which relates to identification and protection of historic
properties;
• The Archaeological and Historic Preservation Act of 1974, 16 U.S.C. 469a-1 et
seq.;
• The Laboratory Animal Welfare Act of 1966, as amended, 7 U.S.C. 2131 et seq.,
which relates to the care, handling, and treatment of warm-blooded animals held
for research, teaching, or other activities supported by a federal award of
assistance;
• The Lead-Based Paint Poisoning Prevention Act, 42 U.S.C. 4801 et seq., which
relates to prohibiting the use of lead-based paint in construction or rehabilitation
of residence structures;
• The Single Audit Act Amendments of 1996 and OMB Circular No. A-133, "Audits
of States, Local Governments, and Non-Profit Organizations."
13
C ♦ .
O. Energy Conservation To the extent applicable, the Grantee and its third party Contractors at
all tiers shall comply with mandatory standards and policies relating to energy efficiency that are
contained in applicable state energy conservation plans issued in compliance with the Energy
Policy and Conservation Act, 42 U.S.C. Section 6321 et seq.
P. Clean Water For all contracts and subcontracts exceeding $100,000, the Grantee agrees to
comply with all applicable standards, orders, or regulations issued pursuant to the Water Pollution
Control Act, 33 U.S.C. Section 1251 et seq.
Q. Clean Air For all contracts and subcontracts exceeding $100,000, the Grantee agrees to
comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act,
42 U.S.C. 7401 et seq.
R. Eligibility For Employment In The United States The Grantee shall complete and keep on
file, as appropriate, Immigration and Naturalization Service Employment Eligibility Forms (1-9).
These forms shall be used by the Grantee to verify that persons employed by the Grantee are
eligible to work in the United States.
S. Buy America Only steel, iron and manufactured products produced in the United States may
be purchased with Federal funds unless the Secretary of Transportation determines that such
domestic purchases would be inconsistent with the public interest; that such materials are not
reasonably available and of satisfactory quality; or that inclusion of domestic materials will
increase the cost of overall project contract by more than 25 percent. Clear justification for the
purchase of non-domestic items must be in the form of a waiver request submitted to and
approved by the Secretary of Transportation.
T. False Or Fraudulent Statements Or Claims The Grantee acknowledges that if it makes a
false, fictitious, or fraudulent claim, statement, submission, or certification to the Government in
connection with this Project, the Government reserves the right to impose on the Grantee the
penalties of 18 U.S.C. Section 1001, 49 U.S.C. Section 5307, 31 U.S.C. Section 3801, and
49 CFR Part 31, as the Government may deem appropriate. Grantee agrees to include this
clause in all state and federal assisted contracts and subcontracts.
U. Changed Conditions Affecting Performance The Grantee shall immediately notify CMAP of
any change in conditions or local law, or of any other event which may significantly affect its
ability to perform the Project in accordance with the provisions of this Agreement.
V. Third Party Disputes Or Breaches The Grantee agrees to pursue all legal rights
available to it in the enforcement or defense of any third party contract, and FTA or U.S. DOT and
CMAP reserve the right to concur in any compromise or settlement of any third party contract
claim involving the Grantee . The Grantee will notify FTA or U.S. DOT and CMAP of any current
or prospective major dispute pertaining to a third party contract. If the Grantee seeks to name the
Government as a party to the litigation, the Grantee agrees to inform both FTA or U.S. DOT and
CMAP before doing so. The Government retains a right to a proportionate share of any proceeds
derived from any third party recovery. Unless permitted otherwise by the Government, the
Grantee will credit the Project Account with any liquidated damages recovered. Nothing herein is
intended to nor shall it waive U.S. DOT's, FTA's or CMAP's immunity to suit.
W. Fly America Grantee will comply with 49 U.S.C. §40118, 4 CFR§52 and U.S. GAO
Guidelines B- 138942, 1981 U.S. Comp. Gen. LEXIS 2166,March 31, 1981 regarding costs of
international air transportation by U.S. Flag air carriers.
X. Non-Waiver The agrees that in no event shall any action or inaction on behalf of or by CMAP,
including the making by CMAP of any payment under this Agreement, constitute or be construed
14
4 . )
as a waiver by CMAP of any breach by the Grantee of any terms of this Agreement or any default
on the part of the Grantee which may then exist; and any action, including the making of a
payment by CMAP, while any such breach or default shall exist, shall in no way impair or
prejudice any right or remedy available to CMAP in respect to such breach or default. The
remedies available to CMAP under this Agreement are cumulative and not exclusive. The waiver
or exercise of any remedy shall not be construed as a waiver of any other remedy available
hereunder or under general principles of law or equity.
Y. Preference for Recycled Products To the extent applicable, the Grantee agrees to give
preference to the purchase of recycled products for use in this Project pursuant to the various
U.S. Environmental Protection Agency(EPA) guidelines, "Comprehensive Procurement
Guidelines for Products Containing Recovered Materials,"40 CFR Part 247, which implements
section 6002 of the Resource Conservation and Recovery Act, as amended, 42 U.S.C. §6962.
Z. Cargo Preference- Use of United States Flag Vessels. The Grantee agrees to comply with 46
U.S.C.§ 55305 and 46 CFR Part 381 and to insert the substance of those regulations in all
applicable subcontracts issued pursuant to this Agreement, to the extent those regulations apply
to the Project.
AA. Grantee is required to register with the Central Contractor Registration (CCR), which is a
web-enabled government-wide application that collects, validates, stores and disseminates
business information about the federal government's trading partners in support of the contract
award, grants and the electronic payment processes. The Grantee must register at
https://www.bpn.qov/ccr.
As a sub-recipient of federal funds equal to or greater than $25,000 (or which equals or
exceeds that amount by addition of subsequent funds),this agreement is subject to the
following award terms: http://edocket.access.gpo.gov/2010/pdf/2010-22705.pdf and
http://edocket.access.q po.gov/2010/pdf/2010-22706.pdf.
All of the requirements listed in Federally Funded Agreements, paragraphs A through AA apply
to the federally funded project. The Grantee agrees to include these requirements in each contract
and subcontract financed in whole or in part with federal assistance.
15
IN WITNESS WHEREOF, CMAP and the Grantee have executed this Agreement as of the date
first above written.
City of Elgin
Attest: By:
Title:
Date: Date:
CHICAGO METROPOLITAN AGENCY FOR PLANNING
Attest: By:
Executive Director
Date: Date:
16
1. APPLICANT INFORMATION / COVER PAGE
The below information must be included on the cover page:
Project Title: Sidewalk Gap and Transit Stop Study
Legal Name of Applicant: City of Elgin
Address: 150 Dexter Court
City, State, Zip Code: Elgin, IL, 60120
Contact Person: David Lawry
Title: General Services Group Director
Phone Number: (847) 931-5961
Email Address: Lawry_d@cityofelgin.org
Authorized Official *: Sean Stegall/David Kaptain
Title: City Manager/Mayor
* The "Authorized Official" will be responsible for executing agreements should the
Application be included in the 2012 Community Planning Program of Projects.
2. GENERAL—ALL APPLICANTS MUST ANSWER
2.1 Identify the type of project you would like to conduct. This selection will determine the
questions you will need to answer in Section 5 of the application.
• Transit-Oriented Development Plan
• Transit Improvement Plan
Integrated Transportation and Land Use Plan .
2.2 What are the project's goals and objectives?
The City of Elgin, although incorporated in 1854, has experienced significant growth over the last
30 years and is home to nearly 106,000 residents.The City owns and maintains over 325 miles of
streets within the City limits. In addition, there are many state, county, and township roadways
that pass through the City. With the City's efforts to implement its Sustainability Action Plan,there
is a need to inventory the roadway network and identify sidewalk locations and gaps to help with
completing a more comprehensive multi-modal transportation system. Along with this analysis
the City has an interest in working with Pace to identify appropriate locations and amenities for
commuter bus stops.The following list identifies the goals and objectives of this study:
• Complete an inventory of the entire public sidewalk network within the City.
• Provide a condition assessment for all public sidewalks and maintain in GIS database.
• Inventory and identify condition of sidewalk approaches or endpoints at intersections.
• Identify any existing sidewalk gaps along City streets and other major roadways.
• Develop sidewalk program recommendations to fill in identified gaps.
• Review existing transit stop locations and document existing conditions (i.e. signage,
benches, shelters).
• Develop and recommend standards for transit stops.
1
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2.3 Explain the relationship this study will have to other past or present planning initiatives?
This Sidewalk Gap and Transit Stop Study will build off of the following previous studies the City
has performed that included a transportation component:
• Comprehensive Plan and Design Guidelines (2005)
• Bikeway Master Plan (January 2008)
• National Street Station Area Plan (2010)
• Sustainable Master Plan (2010)
• Sustainability Action Plan (2011)
In addition,the City is pursuing funding for an overall Transportation Master Plan that would
incorporate the analysis and recommendations of this study.
2.4 How will the end product be approved or adopted and will there be a commitment
towards implementing the recommendations from the plan?
This Study will be presented and approved by the City Council once completed. After being
approved by the City Council,the City would look to implement the recommendations of the Study
through a combination of City funding and other outside funding programs.
2.5 What entities or individuals do you intend to specifically include in the study process?
The City's Community Development Department would take the lead for the Study with input from
the Parks and Recreation Department, Public Works Department,the Bicycle and Pedestrian
Advisory Committee, and the general public.
2.6 Explain how you will engage the public during the planning process.
There would be a series of public workshop meetings to review the existing sidewalk inventory
and establish recommendations and priorities for implementation.
2.7 Explain how the plan will address the goals/themes of CMAP's GO TO 2040 Plan with
primary focus on the principles of Livable Communities and Regional Mobility listed below.
The full GO TO 2040 Plan can be viewed at http://www.cmap.illinois.gov/2040/main
Livable Communities
This theme addresses diverse factors that together shape quality of life in terms of"livability"
i.e. health, safety and access to jobs, services and basic needs. Livable communities are
created through effective planning and decisions by local officials, developers and individual
residents. Additional information on the principles of Livable Communities can be found at
http://www.cmao,iilinois.qov/2040/livable-communities.
Regional Mobility
This theme addresses the vitality of our region's transportation system, which is crucial
for economic prosperity and overall quality of life. Transit works best when it is supported by
small- scale infrastructure improvements, such as sidewalks, bicycle facilities, and bus shelters,
and by land use planning. Additional information on the principles of Regional Mobility can be
found at http://www.cmap.illinois.gov/2040/regional-mobility.
2
The Study would address the Goals and themes of CMAP's GO TO 2040 Plan in the following
manner.The Study would focus on providing multiple transportation options for residents to
walk or bike to transit service, local businesses and restaurants, community services,
professional offices, schools and parks and recreation. In order to improve the interconnectivity
of the City and ease the transition from one section to another,the Study would also focus on
future development practices with the establishment of interconnected development patterns.
Livability for the community would be improved through the completion of the sidewalk gaps
which would greatly enhance health, safety and access to jobs, services and basic needs. In
addition, regional mobility would be improved through location and site improvements to the bus
stops.
3. PROJECT DETAILS - ALL APPLICANTS MUST ANSWER
3.1 Project Description
Describe the proposed project in general terms. Applicants are advised to focus the
project description on the anticipated benefits to the public transit system and/or support the
GOTO 2040 Plan. Please discuss existing conditions and how the proposed project will improve
such conditions.
As the largest city in the area and home to a diverse employment base, Elgin serves the mobility
needs of its 106,000 residents and thousands of daily commuters traveling to and from the
surrounding area. Although incorporated in 1854,the City has experienced significant growth
over the last 30 years. The City owns and maintains over 325 miles of streets within the City limits.
The City also serves as a regional hub that is traversed by an interstate tollway, one U.S. highway,
four State highways, commuter rail (Metra) and freight rail service, and commuter bus service
(Pace).
An efficient and effective circulation system is a fundamental need of the City and its residents,
businesses and visitors. Elgin's transportation infrastructure affects the City's quality of life in a
variety of ways.Transportation is directly linked to the City's economic development as the
efficient movement of employees, visitors, residents and goods throughout the City is a critical
factor to strengthen Elgin's economy.
All modes of transportation begin and end with walking, therefore, the existence of pedestrian
facilities is integral to the success of all other travel modes. Moreover,the success of the multi-
modal transportation system is directly dependent on the availability of pedestrian infrastructure
around transit stops.
With that in mind,the City is interested in performing a sidewalk gap analysis and transit stop
study to address deficiencies for pedestrian facilities throughout the City limits. The sidewalk gap
analysis will consist of completing an inventory of existing sidewalks and identifying gaps in the
sidewalk system that need to be addressed to improve connectivity locally and regionally. The
second part of the study will involve reviewing the existing Pace bus stop locations and making
recommendations for improved bus stop locations and/or amenity improvements.
3.2 Project Study Area
Describe the proposed physical boundaries of the study area. In addition to the
description, applicants are encouraged to include a map of the study area.
The Study will include areas within the current City limits (See attached Boundary Map).
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gin
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3.3 Proposed Project Scope of Services
Detail the tasks to be included in the Project Scope of Services. Use as many tasks as
needed. Please follow the format below for each task desired.
Task 1
Title: Description:
Details and typical tasks associated with these projects can be found at
http://cp.rtachicago.com/community-planninq/eligible-projects.htmi.
Task 1: Complete an inventory of the entire public sidewalk network within the City.
Task 2: Provide a condition assessment for all public sidewalks and maintain in GIS database
Task 3: Inventory and identify condition of sidewalk approaches or endpoints at intersections.
Task 4: Assess ADA compliance standards for public sidewalk approaches and endpoints.
Task 5: Identify any existing sidewalk gaps along City streets and other major roadways.
Task 6: Develop sidewalk program recommendations to fill in identified gaps.
Task 7: Review existing transit stop locations and document existing conditions (i.e.signage,
benches, shelters)
Task 8: Develop and recommend standards for transit stops.
Task 9: Organize and hold public participation workshops.
5
4. PROJECT TYPE SPECIFIC QUESTIONS—ONLY ANSWER QUESTIONS RELATED TO
PROJECT TYPE
Through the Community Planning Program, the RTA and CMAP intend to advance specific agency goals.
Goals are based on policies and guiding principles of the RTA and CMAP.
Please answer only the set of goals that relates to your specific project type.
A. Transit-Oriented Development Plans (answer questions 4.A.1 through 4.A.4)
B. Transit Improvement Plans(answer questions 4.B.1 through 4.B.4)
C. Integrated Transportation and Land Use Plans (answer questions 4.C.1 through 4.C.2)
C. INTEGRATED TRANSPORTATION AND LAND USE PLANS
In November 2010 the CMAP Board approved the GO TO 2040 Plan. GO TO 2040 is the
comprehensive regional plan created to help the seven counties and 284 communities of
northeastern Illinois plan together for sustainable prosperity through mid-century and beyond. The
Plan calls on local officials, businesses, and other stakeholder groups to implement
recommendations that -- while very specific -- have broad implications for residents' daily lives.
The plan is organized through the promotion of four themes: livable communities, human capital,
efficient governance and regional mobility. If your project is primarily focused on
integrating transportation and land use, please read the goals below and provide information
explaining how your project addresses each specific goal.
4.C.1 PRINCIPLES OF LIVABLE COMMUNITIES
Through this program, CMAP seeks projects that support GO TO 2040 Plan's Livable
Communities theme. See http:(twww.cmao.illinois.gov/2040/livable-communities for the GO TO 2040
recommendations on Livable Communities. Please describe how your integrated transportation
and land use planning project will help CMAP meet the goals of this theme.
• Support for infill and reinvestment
GO TO 2040 encourages reinvestment in vacant and underutilized properties in existing communities. This
program supports plans that pursue opportunities for more compact,walkable and mixed-use development supportive
of transit.
• Addresses density, mixing uses (vertical or horizontal), and walkability
GO TO 2040 encourages new development and redevelopment in livable communities that are denser and
designed for mixed uses with access to jobs,services and basic needs.
• Addresses housing affordability, particularly near transit
It is difficult to preserve housing affordability or create new affordable options near transit because high demand to
live near transit increases the cost of housing. GO TO 2040 supports mixed income transit-oriented
development that includes affordable housing provisions maintained in the long term.
• Incorporates environmental features such as water and energy efficiency, parks and open
space, forestry programs, and green infrastructure for stormwater management
GO TO 2040 supports the integration of land use policies and site planning with water resources, energy
efficiency, and reductions in greenhouse gas emissions. Plans and programs that promote efficient transportation
while conserving open space and implementing urban forestry will further support the principles of Livable
Communities. Projects that promote the principles of LEED-ND are consistent with the above recommendations and
will be in support of the goals of GO TO 2040.
6
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• Involves interjurisdictional coordination
GO TO 2040 supports coordinated delivery of services and programs through collaboration between various
levels of governments at the local and regional levels.
• General consistency with "Livability Principles" of the federal Sustainable Communities Initiative
The Sustainable Communities Partnership, which is a collaboration between the departments of Housing and
Urban Development (HUD), the US Environmental Protection Agency (USEPA), and the Department of
Transportation (DOT),identified 6 principles of livability, listed below:
1. Providing more transportation choices;
2. Expanding access to affordable housing,particularly housing located close to transit;
3. Enhancing economic competitiveness—giving people access to jobs,education and services as well as giving
businesses access to markets;
4. Targeting federal funds toward existing communities to spur revitalization and protect rural landscapes;\
5. Increasing collaboration among federal, state, and local governments to better target investments and
improve accountability;
6. Valuing the unique qualities of all communities--whether urban,suburban,or rural.
Through the completion of this Study, the City will have a plan in place to improve and connect
pedestrian facilities throughout the City limits.With the implementation of the recommended
sidewalk improvements, the City of Elgin will become a more"Livable Community" by promoting
a healthy and safe alternative to vehicular travel. The goals of the "Livable Communities" theme
will be met as follows:
• Public infrastructure improvements (Sidewalk construction) can provide support and
serve as a catalyst for infill and reinvestment in underutilized properties.
• Walkability will be improved through the new sidewalk connections to provide access to
jobs,services and basic needs.
• ousing options near transit will be enhanced through pedestrian improvements that will
improve access.
• By improving the walkability of a community,the environment will be enhanced with
energy conservation and reductions in greenhouse gas emissions due to less vehicular
travel.
• The City will partner with other agencies to construct sidewalks along their facilities
within the City limits.
• The sidewalk improvements are consistent with "Livability Principles" of the federal
Sustainable Communities Initiative.
4.C.2 PRINCIPLES OF REGIONAL MOBILITY
Through this program, CMAP seeks projects that support the GO TO 2040 Plan's Regional
Mobility theme. See http://www.cmap.Illinois.govI2040Iregional-mobility for the GO TO 2040
recommendations on Regional Mobility. please describe how your intearated transportation and
Jand use olanning project will help CMAP meet this theme's goals.
• Support the maintenance and modernization of the existing transportation system
GO TO 2040 supports projects that improve mobility,access and the reliability of our existing transportation network,
with a specific focus on the enhancement of the multi-modal network.
• Advance new transportation investments recommended in the plan (strategic expansions, Bus
Rapid Transit or Arterial Rapid Transit, major capital projects)
GO TO 2040 supports land use planning and local infrastructure investments that complement the major
transportation improvements identified in the plan.
• Support the use of alternative transportation including walking, biking, and transit
7
GO TO 2040 supports improvements in non-motorized transportation systems that complement the existing transit
systems and that have health,environmental and economic benefits.
• Provide support for transit through small-scale infrastructure investments, supportive land
use, or other policies
GO TO 2040 encourages land use decisions that create transit-friendly environments to allow for optimal usability
of the system. This includes increased connectivity for the various modes of transportation and provision of safe
and efficient facilities for all users.
• Include innovative finance (parking pricing, value capture, etc)
GO TO 2040 encourages the use of innovative finance strategies for parking demand management, congestion
mitigation as well as provision of funding to support the existing transportation network.
• Incorporate approach to freight
GO TO 2040 encourages land use decisions that support freight while allowing for smooth flow of through-traffic to
minimize the impacts on communities.
Through the implementation of the sidewalk gap construction and improvements to transit stops,
the regional mobility for the City of Elgin will be improved. The goals of the "Regional Mobility"
theme will be met as follows:
• Adding sidewalks and improving transit stops supports the modernization of the existing
transportation system. The transportation system will become more multi-modal in
nature.
• The Study will provide recommendations for new transportation investments that could
be partnered with other major transportation initiatives.
• The implementation of this Study will involve improvements for the use of alternative
transportation including walking, biking, and transit.
• The Study will provide recommendations for sidewalk improvements that will improve
access and safety for transit.
• The City will investigate alternative means to fund the sidewalk improvements including
State and Federally funded programs and developer fees.
8
1� .r
Resolution No.
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT WITH
CHICAGO METROPOLITAN AGENCY FOR PLANNING(CMAP) FOR FUNDING
OF THE CITY'S SIDEWALK GAP AND TRANSIT STOP STUDY PROJECT
WHEREAS, the City of Elgin (the "City") has applied for grant funding through the
Community Planning Program from the Chicago Metropolitan Agency for Planning("CMAP"),for
the City's Sidewalk Gap and Transit Stop Study;and,
WHEREAS, the City's request for such grant has been approved by CMAP; and,
WHEREAS, CMAP has adopted the GO TO 2040 Plan as the long-range regional
comprehensive plan for the seven-county Chicago region, encompassing Cook, DuPage, Kane,
Kendall, Lake, McHenry and Will counties, and is providing grant assistance as a means of
advancing the plan's implementation; and,
WHEREAS,the City and CMAP have agreed on the contents of an agreement that covers the
administration of this grant,a copy of which is attached hereto and made a part hereof by reference
(the"Agreement").
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ELGIN, ILLINOIS:
Section 1. The City Council of the City of Elgin supports the Sidewalk Gap and Transit
Study Project.
Section 2. The City accepts the offer of grant funding by CMAP and recognizes that this
funding is provided for the purpose of advancing the implementation of GO TO 2040.
Section 3. The City Council of the City of Elgin hereby authorizes and directs that Sean
Stegall, City Manager, and Kimberly A. Dewis, City Clerk, to execute to finalize and execute the
Agreement with CMAP,and to initiate a competitive procurement process to select a consulting firm
to undertake work on this project.
Section 4. The City Council of the City of Elgin recognizes that provisions that govern
the administration of the Community Planning Program grant are included in the Agreement.
Section 5. That this resolution shall be full force and effect immediately after its passage
in the manner provided by law.
- 1 -
r , • �
David J. Kaptain, Mayor
Presented:
Adopted:
Omnibus Vote: Yeas: Nays:
Attest:
Kimberly Dewis, City Clerk
2-