To: From: Date: Subject: SEPTEMBER 28, 2016 – 9:00 A.M ...

To: Policy Committee Members

From: Jonathan R. Start, Executive Director

Date: September 21, 2016

Subject: POLICY COMMITTEE MEETING SEPTEMBER 28, 2016 – 9:00 A.M. KALAMAZOO METRO TRANSIT 530 NORTH ROSE STREET The Kalamazoo Area Transportation Study Policy Committee will be meeting on Wednesday, September 28, 2016 at 9:00 a.m. at Kalamazoo Metro Transit, 530 N. Rose Street. The following items are included in the meeting packet:

1. Agenda for the Meeting 2. Informational Memorandum for the September 28, 2016 Meeting 3. Treasurer’s Report 4. Technical Committee Report (September 8, 2016) 5. Public Transportation Monthly Report 6. Regional Prosperity Initiative Report 7. Southcentral Michigan Planning Council Report 8. Draft Minutes from the August 31, 2016 Meeting 9. Draft Agreement between the Kalamazoo Area Transportation Study and AECOM Great Lakes,

Inc.

Policy Committee Meeting Materials for September 28, 2016 Page 1 of 32

KALAMAZOO AREA TRANSPORTATION STUDY POLICY COMMITTEE MEETING September 28, 2016 at 9:00 a.m.

Kalamazoo Metro Transit

AGENDA

Public Comments are limited to four minutes in length.

1. CALL TO ORDER

2. INTRODUCTIONS

3. ROLL CALL (Sign-in Sheet To Be Circulated)

4. CHANGES OR ADDITIONS TO THE AGENDA

Any item listed under the Consent Agenda may be moved to the Regular Agenda upon request of any member of the public, any Policy Committee Member, or any staff member.

5. APPROVAL OF THE AGENDA (ACTION)

6. CITIZENS’ COMMENTS (Non-agenda items only. Comments on agenda items should be made during discussion of those items.)

7. CONSENT AGENDA (Enclosures) (ACTION)

a. ACCEPTANCE OF THE TREASURER’S REPORTS

b. ACCEPTANCE OF THE TECHNICAL COMMITTEE REPORT (SEPTEMBER 8, 2016)

c. ACCEPTANCE OF THE PUBLIC TRANSPORTATION MONTHLY REPORT

d. ACCEPTANCE OF THE REGIONAL PROSPERITY INITIATIVE REPORT

e. ACCEPTANCE OF THE SOUTHCENTRAL MICHIGAN PLANNING COUNCIL REPORT

f. APPROVAL OF THE MINUTES FROM THE AUGUST 31, 2016 MEETING

8. PEDESTRIAN, GREENWAY, AND TRANSIT PLAN CONTRACT (ENCLOSURE) (ACTION)

9. NOTICE OF PROPOSED RULEMAKING METROPOLLITAN PLANNING ORGANIZATION COORDINATION AND PLANNING AREA REFORM UPDATE

10. KATS CERTIFICATION LETTER UPDATE

11. PUBLIC TRANSPORTATION UPDATES

12. EXECUTIVE DIRECTOR’S REPORT

13. NEW BUSINESS

14. CITIZEN COMMENTS

15. MEMBER COMMENTS

16. ADJOURNMENT

Next Meeting: Wednesday, October 26, 2016 - 9:00 a.m.


TO: Kalamazoo Area Transportation Study Policy Committee

FROM: Jonathan R. Start, Executive Director

DATE: September 21, 2016

SUBJECT: Information on the Policy Committee Agenda for September 28, 2016 Meeting

Here is information on Policy Committee agenda items for your information. 8. Pedestrian Greenway and Transit Plan Contract (Enclosure) (ACTION) KATS applied for and received funding to conduct a Pedestrian Greenway and Transit plan to integrate and improve the planning efforts going on in the KATS area, particularly in and around the Cities of Portage and Kalamazoo. In order to find a consultant a proposal process was used. Pedestrian, Greenway, and Transit Plan Proposals At the beginning of August, KATS advertised a Request for Proposals (RFP) for the recently programmed Pedestrian, Greenway, and Transit Plan. KATS received four proposals by the established deadline. Those proposals were received from the following firms:

AECOM Alta Planning and Design MKSK Wightman & Associates

KATS established a review committee of local stakeholders to evaluate the RFPs. The review committee consisted of:

Steve Stepek, KATS Sean McBride, Metro Transit/CCTA/KCTA Andrew Haan, Governor’s Office of Urban Initiatives Bill Rose, Kalamazoo Nature Center David Rachowicz, Kalamazoo County Parks

The factors used in evaluating the proposals were established in the RFP and included:

Understanding of the project and proposed course of action. (40%) Previous consultant experience on similar projects. (15%) Proposal for public engagement activities. (10%) Experience and qualifications of personnel to be assigned to the project. (20%) Time schedule for accomplishing the tasks. (15%)

Each of the review team members evaluated the proposals individually and discussed them as a group. The scores from each review team member were then tabulated to select a preferred proposal.

Score (Out of 500)

AECOM 405

Alta Planning and Design 321

MKSK 399

Wightman & Associates 208


Informational Memorandum Page 2 of 3

Once AECOM was established as the preferred proposal, the sealed price proposal was opened. AECOM’s proposal is for $125,000, within the established budget of $130,000 for the project. Following the identification of the consultant KATS has forwarded the package to MDOT for their review and authorization to proceed. It is the recommendation of staff and the Review Committee that the Policy Committee approve the contract in the amount of $125,000 with AECOM for the Pedestrian, Greenway, and Transit Plan as outlined in their proposal contingent finalized authorization to proceed from MDOT. The consultant is aware of the review process going on at MDOT.

10. Notice of Proposed Rulemaking Metropolitan Planning Organization Coordination and Planning Area Reform Update The United States Department of Transportation including the Federal Highway Administration and the Federal Transit Administration has proposed a rulemaking that, if approved, would affect several Metropolitan Planning Organizations (MPO) across the country. In Michigan, several MPOs could be affected including the Kalamazoo Area Transportation Study and the Battle Creek Transportation Study. The comment period for this proposed rulemaking ended last month. At the Michigan Transportation Planning Association meeting yesterday it was reported that a new 30-day comment period will begin on September 23rd. Staff will be looking for that announcement. 11. KATS Certification Letter Update Representatives from the Federal Highway Administration, the Federal Transit Administration, and MDOT discussed a draft finding report following the Certification Review of KATS. That draft had several recommendations and one corrective action. The corrective action pertained to the Metropolitan Transportation Plan recently adopted by the Policy Committee. Based on the discussion the corrective action will be reviewed and clarified so that KATS has a clearer idea of what is needed to satisfy the noted issue. KATS will continue to work with our partners to learn and improve on its processes. 12. Public Transportation Updates Members of the Kalamazoo County Transportation Authority Board, the Kalamazoo Transit Authority Board, Van Buren Public Transit, and/or staff will provide additional updates to the Policy Committee as appropriate. 13. Executive Director’s Report Federal Aid Surface Condition Ratings – Staff has been working to gather the road surface condition ratings for the federal aid system. The majority of the required reviews will be completed by the end of September. Quality control checks on the data will be done and the data submitted to the Transportation Asset Management Council. Transportation Improvement Program Amendment Process - The Metropolitan Planning Organizations are working with MDOT and the Federal Highway Administration on ways to improve the Transportation Improvement Program amendment process. Part of that work is to try to develop a more uniform way that the various Metropolitan Planning Organizations deal with changes in costs and scope of projects. KATS staff is participating on the working committee looking into this. Local Safety Program Project Proposals from the Road Commission of Kalamazoo County - The Road Commission of Kalamazoo County did provide the Technical Committee with two proposed Local Safety Projects at the September 8 meeting. These projects are:

9th Street at KL Avenue and 9th Street at Quail Run Drive- The addition of protected/permissive left turn traffic signal phases for the 9th Street approaches of these two intersections.


Informational Memorandum Page 3 of 3

10th Street at Q Avenue - The removal of the intersection flashing beacon and installation of a fully actuated traffic signal in its place.

The safety program proposals had to be sent to MDOT prior to the Policy Committee meeting and are therefore not on the Policy Committee agenda. Intergovernmental Collaborative Sign Policy – The Cities of Portage and Kalamazoo and the Road Commission of Kalamazoo County have developed a sign policy intended to maintain consistence of use of traffic control signs throughout Kalamazoo County. The draft policy is available for public review and comment through October 23, 2016. Comments and questions can be directed to the Road Commission at [email protected]. The draft policy can be viewed online at the following link: https://www.kalamazoocountyroads.com/userfiles/kcrc/news/2016%20Sign%20Policy.pdf.


KALAMAZOO AREA TRANSPORTATION STUDY

TREASURERS REPORT

Policy Committee Meeting September 28th 2016

Beginning Balance as of August 1st 2016 $111,139.20 There were 18 checks cashed totaling $(22,330.80) There were 08 withdraws/debits totaling $(21,574.05) There were 03 deposit(s) / credits $1,959.64 Ending Balance as of August 31st, 2016 $69,193.99 If there are any questions regarding any of the checks or withdraws, please feel free to contact me at your convenience, and I will be happy to review the 5/3 checking statement with you. Respectfully submitted, Jeffrey R. Sorensen Treasurer, Kalamazoo Area Transportation Study


To: Policy Committee From: Jonathan R. Start, Executive Director Date: September 21, 2016 Subject: Technical Committee Report (September 8, 2016) The Technical Committee met on September 8, 2016 at 9:00 a.m. at Kalamazoo Metro Transit. There was one action item on the agenda for the approval of Resolutions of Support for the Road Commission of Kalamazoo County (RCKC) FY 2018 Local Safety Program Project Applications. Other items discussed during the meeting included an update on KATS Transportation Management Area Certification and the consolidation of Work Elements in the FY 2017 Unified Planning Work Program to align with the consolidation of FHWA and FTA planning funds. Kalamazoo Metro Transit provided public transportation updates. There were also status reports on roads and planning activities which included: ROAD STATUS REPORTS

City of Portage: The Lovers Lane Congestion Mitigation Air Quality (CMAQ) Project is complete. The Eliason Trail Project is complete. The S. Westnedge Avenue at Romence Safety Project is scheduled for the October letting. The FY 2017 Shaver Road Project and Angling Road Project have both been awarded. Portage reported that the impact on construction costs related to the adoption of the City Complete Streets Policy has been higher than anticipated.

City of Kalamazoo: The south side of the E. Michigan Avenue Project is complete. Work was anticipated to begin on the north side. Sidewalk prep is almost complete for the Kilgore Road Project. The Drake Road Project for the installation of a shared use path has not yet been obligated.

Village of Mattawan: The Front Street Project has begun.

Van Buren County Road Commission: Paving is complete on CR 653 north of M-43 in Almena Township.

Michigan Department of Transportation: High friction treatments on US-131 to Eastbound I-94 and US-131 BR at Westnedge are scheduled.

Road Commission of Kalamazoo County: The E. Main Safety Project is complete. The 9th Street from I-94 to Meridian Project is on target for completion. The 42nd Street from Y Avenue to W Avenue was scheduled for paving and anticipated to be complete by September 16. The D Avenue and W Avenue Bridge Projects are complete except punch list items. The U Avenue Bridge Project was delayed due to rain and flooding. The group of Stadium Drive Projects were submitted for the October letting. LAND USE/PLANNING/ZONING UPDATES

City of Kalamazoo: The City Commission has passed a Resolution to draft a Complete Streets Policy. The City’s Annual Park(ing) Day was held Friday, September 16. An Imagine Kalamazoo 2025 Workshop will be held on September 27 from 5:00 p.m. to 7:00 p.m. at the Northside Association for


Technical Committee Informational Memo Page 2 of 2

Community Development. A meeting will also be held on October 27 at St. Joseph Church on Lake Street.

The City of Portage: Portage received a notice regarding a zoning ordinance use change for the southwest corner of the intersection of 12th Street and Texas Drive to allow for a gas station. City staff also indicated concerns with the deposit and accumulation of materials caused when trucks drive through asphalt tack. As the trucks continue to drive, the materials are deposited as tracks and clumps along the roadway. The accumulation has become embedded in the pavement and is visually unappealing and destructive to road pavement markings.

Comstock Township: The Township Board did not approve a Chicken Ordinance.

The RCKC, the City of Portage, and the City of Kalamazoo are developing an Intergovernmental Collaborative Sign Policy.


To: Policy Committee

From: Jonathan R. Start, Executive Director


Subject: Public Transportation Monthly Report

Service improvements that have been planned and are associated with the Central County Transportation Authority millage approval have been initiated. The fixed route transit service to Meijer on West Main Street was not stopped. Metro Transit and Van Buren Transit still need to finalize an agreement on join procurement using a portion of Federal Transit Administration urban funding. With operations and ownership transferring from the City of Kalamazoo to the Central County Transportation Authority, October 1, 2016, the Kalamazoo Transit Advisory Board will be having its last meeting on September 27th at 8:00 a.m. at Metro Transit.


TO: Policy Committee

From: Jonathan Start, Executive Director


Subject: Regional Prosperity Initiative Report

The Regional Prosperity Initiative Committee continues to meet. The September meeting dealt with topics that included:

A progress report was made and data presented to the Regional Prosperity Committee on the selected 2016 project which is looking at educational resources and employer needs in the region. Mr. Adams of the Southcentral Michigan Planning Council made the presentation. Data on graduation percentages of a particular class year were shared which showed the educational paths taken.

There was continued discussion of the necessary review of steps needed to move to a Tier Two Regional Prosperity Committee. The two existing regional planning agencies shared some ideas on how they might satisfy the joint administrative function and shared administrative services. The Committee asked that other Regional Prosperity Regions and the State be contacted to see if the ideas would be acceptable.

Quorum continues to be an issue for the committee. The committee is in the process of doing a strategic plan to guide its future actions.

The committee continues to meet on the first Thursday of the month at various locations.


TO: Policy Committee

FROM: Jonathan Start, KATS Executive Director

DATE: September 21, 2016

SUBJECT: Southcentral Michigan Planning Council Report

During the month of August, 2016, KATS staff worked on the Michigan Department of Transportation Planning Activities for the Southcentral Michigan Planning Council. Work was concentrated in the following activities:

Coordinated and participated in PASER rating of paved federal aid eligible roads in Calhoun County.

Participated in the Transportation Asset Management Council’s monthly regional PASER coordinators conference calls

Prepared and mailed public notice material for the Southcentral Michigan Planning Council Regional Safety Plan meeting for stakeholders

Updated the Southcentral Michigan Planning Council website with current Region #3 Rural Task Force materials.

.


KALAMAZOO AREA TRANSPORTATION STUDY POLICY COMMITTEE MEETING August 31, 2016 at 9:00 a.m.

Kalamazoo Metro Transit

Draft Minutes

CALL TO ORDER

The August meeting of the Kalamazoo Area Transportation Study Policy Committee was called to order at 9:00 a.m. by Chair Ulsh.

INTRODUCTIONS

Jason Latham from the Michigan Department of Transportation Southwest Region introduced himself.

ROLL CALL

Meeting attendance was recorded on the sign-in sheet.

Members Present David Anderson City of Kalamazoo Brett Padgett Comstock Township Carol Daly Village of Mattawan Marsha Drouin Richland Township Paul Dykstra, Vice-chair Ross Township John Gisler Kalamazoo County Board of Commissioners Michael Grabbe Village of Lawton Beth Griffin Van Buren County Robert Heasley City of Parchment Libby Heiny-Cogswell Oshtemo Township Jeff Heppler Village of Augusta Joanna Johnson Road Commission of Kalamazoo County Linda Kerr Texas Township Jason Latham Michigan Department of Transportation Kalamazoo TSC Michele McGowen KATS Citizen Advisory Committee Claudette Reid City of Portage Ron Reid Kalamazoo Township Greg Rosine Western Michigan University Ron Smith Village of Vicksburg Randy Smith Brady Township Jeff Sorensen Cooper Township Thomas L. Swiat, Jr. Prairie Ronde Township Linda Teeter Kalamazoo County Transportation Authority Don Ulsh, Chair Schoolcraft Township Members Absent John Clement Van Buren Transit Jeremiah Cook Village of Richland Keith Gunnett Village of Schoolcraft Greg Kinney Van Buren County Road Commission John Latham Michigan Department of Transportation Lansing Garrylee McCormick Transit Authority Board * Larry Nielsen Village of Paw Paw Carl Newton City of Galesburg Greg Thomas Pavilion Township


Others Present Megan Arndt, Mara Gericke, Sean McBride, Ryan Russell, Jonathan Start, Monica Zehner, Kathy Schultz

CHANGES OR ADDITIONS TO THE AGENDA - NONE

APPROVAL OF THE AGENDA

MOTION by Smith1, SECOND by Johnson, “to approve the Agenda for the August meeting of the Kalamazoo Area Transportation Study Policy Committee.” MOTION APPROVED.

CITIZENS’ COMMENTS - NONE

CONSENT AGENDA

Information pertaining to items on the consent agenda was included in the meeting materials. The following items were listed on the consent agenda:

Acceptance of the Treasurer’s Reports Acceptance of the Technical Committee Report (August 11, 2016) Acceptance of the Public Transportation Monthly Report Acceptance of the Regional Prosperity Initiative Report Acceptance of the Southcentral Michigan Planning Council Report Approval of the Minutes from the June 29, 2016 Meeting

MOTION by Johnson, SECOND by Reid2, “to accept and approve the items on the consent agenda as listed.” MOTION APPROVED.

FY 2014 – 2017 TRANSPORTATION IMPROVEMENT PROGRAM AMENDMENT

A copy of the proposed amendment to the FY 2014-2017 Transportation Improvement Program was included in the meeting materials.

FY County Agency Project Name Limits

Primary Work Type

Project Description

Federal Cost

$1000s

Federal Fund

Source State Cost

$1000s

Total Phase Cost

$1000s MDOT

Job No. MPO/ Rural Action Date Type

2016 Kalamazoo MDOT I-94 BL Oliver St to Harrison St Scoping

Environmental Study(PEL) to determine the corridor configuration and maintenance of traffic concepts

614 NH 136 750 131203 08/31/16 Add

Length: 2.00; Primary Work Type: Scoping; Phase: EPE; State Fund Source: M; Air Quality: E; Comments: Addition of Study

Start reported that the proposed amendment was to add the Planning and Environmental Linkage (PEL) Study for the downtown Kalamazoo corridor. Latham reported that the project funding had been adjusted to utilize FY 2016 obligation savings. If this funding is not obligated before the end of the current fiscal

1 Randy Smith, Brady Township 2 Claudette Reid, City of Portage


year, it will be lost. A consultant will be used to for the next phase of the study, exploring possible project alternatives.

Reid3, asked if, given the short-time frame, the Michigan Department of Transportation would be able to obligate the funding. Latham reported that there will be no problems in obligating the project.

MOTION by Johnson, SECOND by Reid4, “to approve the recommended amendment to the FY 2014-2017 Transportation Improvement Program.” MOTION APPROVED.

FY 2018 LOCAL SAFETY PROGRAM RESOLUTIONS OF SUPPORT

Information on the proposed City of Portage FY 2018 Local Safety Program Project Applications was included in the meeting materials.

Start reported that the Michigan Department of Transportation had issued a call for projects for the FY 2018 Local Safety Program. The Local Safety Program is a statewide, competitive program. Each local agency may submit applications for up to three projects. MDOT selects the projects which will receive funding. The City of Portage is asking KATS Policy Committee to adopt Resolutions of Support for inclusion in the project applications.

The three proposed projects submitted were:

The Portage Road and East Osterhout Avenue Safety Project for the installation of a roundabout to facilitate through and side-street traffic safely through the intersection

The Oakland Drive and Vanderbilt Avenue Safety Project to install a four-way flashing traffic signal to increase driver awareness of the stop conditions at the intersection

The Portage Road and Lakeview Drive Safety Project to relocate the intersection south to provide adequate site distance

Start reported that the City of Portage is currently planning a road diet along Portage Road. Both proposed Local Safety Program Projects will be coordinated with the road diet should funding be awarded.

Smith5 noted that the proposed relocation of the intersection at Portage Road and Lakeview Drive would result in a significant increase in driveways to be maintained by property owners. Start reported that the configuration had been discussed at Technical Committee, and that the design would potentially be modified to retain a portion of the existing roadway to alleviate this concern.

Padgett noted a correction was needed for the project information for the Portage Road and Lakeview Drive Safety Program Resolution of Support.

MOTION by Reid6, SECOND by Reid7, “to adopt a Resolution of Support for the Applications of Local Safety Program Funds for the Portage Road and East Osterhout Avenue Safety Project, the Oakland Drive and Vanderbilt Avenue Safety Project, and the Portage Road and Lakeview Drive Safety Project with the corrections noted.” MOTION APPROVED.

3 Ron Reid, Kalamazoo Township 4 Claudette Reid, City of Portage 5 Ron Smith, Village of Vicksburg 6 Ron Reid, Kalamazoo Township 7 Claudette Reid, Kalamazoo Township


NOTICE OF PROPOSED RULEMAKING METROPOLITAN PLANNING ORGANIZATION COORDINATION AND PLANNING AREA REFORM

Information on the Notice of Proposed Rulemaking Metropolitan Planning Organization Coordination and Planning Area Reform was included in the meeting materials.

Start reported that the proposed rule, if approved, would require unified planning products for each urbanized area (UZA), even if there are multiple MPOs designated within that urbanized area. Specifically, it would result in MPOs developing a single Metropolitan Transportation Plan, a single Transportation Improvement Program (TIP), and a jointly established set of performance targets for the entire urbanized area and contiguous area expected to become urbanized within a 20-year forecast period. The Kalamazoo Area Transportation Study and the Battle Creek Area Transportation Study (BCATS) would be affected by the approval of this proposed rule since the BCATS urbanized area extends into the KATS Metropolitan Planning Area. Currently, portions of Ross Township, portions of Charleston Township, and the Village of Augusta are part of the BCATS urbanized area and included in the KATS Metropolitan Planning Area. A complicating factor is that the urbanized area is determined by the U.S. Census, and urbanized area boundaries have been redefined from one census to another.

If approved, KATS and BCATS would have three options to meet the requirements: 1) Merge into a single Metropolitan Planning Organization, 2) Develop a joint Metropolitan Transportation Plan, Transportation Improvement Program, and Performance Targets or 3) Adjust the Metropolitan Planning Area Boundaries of KATS and BCATS.

METRO TRANSIT PRESENTATION

A copy of the Metro Transit presentation was included in the meeting materials.

Schultz presented on the changes to fixed bus route service which go into effect on Tuesday, September 6. Late night service will be offered until 12:15 a.m. on 12 routes, until 11:15 p.m. on three routes, andafter 10:00 p.m. on three routes. Sunday service will be provided on 17 routes from 8:15 a.m. to 5:15 p.m. Information on changes to fixed routes for additional service and discontinued service was also presented. New route maps and route schedules are being prepared.

Gisler inquired where the CCTA meeting regarding the W. Main Route was to be held. Schultz stated that the meeting would be held at Kalamazoo Metro Transit.

Start inquired if the Track My Bus app could be used for tracking Metro County Connect. Schultz reported that the Track My Bus app currently does not have that functionality.

PUBLIC TRANSPORTATION UPDATES

Teeter reported on behalf of the Kalamazoo County Transportation Authority (KCTA) and the Central County Transportation Authority (CCTA). The KCTA and the CCTA have been meeting twice a month to prepare for the October 1, 2016 transfer of the fixed route system from the City of Kalamazoo to the CCTA. Provisions are in place for special meeting of the CCTA on Friday, September 2, regarding an agreement to continue service to Meijer on W. Main. The agreement would meet the CCTA approved policy to provide the revenues which would have been generated had the millage been approved in the precinct of Oshtemo Township. It is currently being reviewed by lawyers. The agreement does not cover service to Walmart and this service will be discontinued on September 6. Teeter recognized and thanked McBride for his work during the transfer process.


EXECUTIVE DIRECTOR’S REPORT

Start reported that staff have been collecting Pavement and Surface Evaluation and Rating (PASER) data for Kalamazoo County and the counties of the Southcentral Michigan Planning Commission including Barry County, Branch County, Calhoun County and St. Joseph County. PASER data collection is complete except for the City of Portage, the RCKC, and portions of Calhoun County. Staff also attended the Ohio freight conference.

NEW BUSINESS-NONE

CITIZEN COMMENTS

Vander Roest, expressed concerns on behalf of the Charleston Township Board regarding drainage at 40th Street and Exit 88 resulting from the I-94 Interchange Project. The township also has concerns regarding access to water valves and utilities.

MEMBER COMMENTS

Johnson reported that the county chip seal project is complete. Positive feedback has been received on the new procedures. She expressed appreciation for the work of her staff. Members were asked for patience with the RCKC in dealing with tree removal and flooding as staff is also working on construction. A Road Classification Change Policy was presented to the Kalamazoo County Board of Road Commissioners. Feedback to the RCKC was encouraged. Johnson has received notification and information pertaining to Michigan Transportation Fund Revenue decreases. Unless legislative action is approved, revenues are anticipated to continue to decline. The RCKC is waiting for an update from the Treasury to effectively prepare its budget. New Kalamazoo County Maps are available. She thanked Kalamazoo County Planning for their assistance. Members were asked to contact the RCKC with corrections. An app is available for the map.

Gisler thanked Johnson for the RCKC assistance on the Deep Point Drive project. He also thanked Teeter for her service as Chair of the CCTA and the KCTA, noting she was instrumental in the process which resulted in the county-wide public transportation system.

Reid8 spoke on the illustrative US-131 and BR 131 project. He noted that perhaps it might be an option that for one year, KATS allocation be devoted to move the project forward.

Heppler reported that the Village of Augusta Safe Routes to School project is almost complete. He thanked Johnson and the RCKC staff.

Daly reported that construction has begun on the main street through Mattawan. Traffic can still get through.

Anderson asked that members with questions on the City of Kalamazoo Foundation for Excellence contact him.

ADJOURNMENT

There being no other business, Chair Ulsh adjourned the meeting at 9:52 AM.

Next Meeting: Wednesday, September 28, 2016 - 9:00 a.m.

8 Ron Reid, Kalamazoo Township


AGREEMENT BETWEEN THE KALAMAZOO AREA TRANSPORTATION STUDY AND AECOM GREAT LAKES, INC.

THIS AGREEMENT is entered into between the Kalamazoo Area Transportation Study (KATS) and AECOM Great Lakes, Inc. (AECOM) for the following reasons:

1. KATS has entered into an agreement dated June 12, 2014 Contract No. 2015-0005, with the Michigan Department of Transportation (Owner), to perform or provide Metropolitan Transportation Planning and a project authorization was executed September 12, 2016 for the development of a Pedestrian, Greenway, and Transit Plan, Contract No. 2015-0005/Z6 Job No. 131586, identified as the KATS’ Project No. 131586 (the Project); and,

2. KATS requires certain services in connection with the Project (the Services); and,

3. AECOM is prepared to provide services for the development of the Pedestrian, Greenway, and Transit Plan.

In consideration of the promises contained in this Agreement, KATS and AECOM agree as follows:

I. SCOPE OF SERVICES

INTRODUCTION The Kalamazoo Area Transportation Study (KATS) is seeking consultant support to provide professional planning services to develop an integrated Pedestrian, Greenway, and Transit Plan for the entire Metropolitan Planning Area. Primary tasks and deliverables to be performed by the consultant shall include, but are not limited to: existing inventory collection; GIS mapping; data collection and analysis; extensive public and stakeholder outreach; identification of potential greenways; and a prioritized project listing. The Kalamazoo Area Transportation Study (KATS) is the Metropolitan Planning Organization (MPO) for the Kalamazoo urbanized area which includes of all Kalamazoo County and Almena Township, Antwerp Township, Paw Paw Township, and Waverly Township in Van Buren County. The purpose of the Study is to fulfill the Federal, State, and Policy Committee directives to ensure distribution of transportation funding in the Metropolitan Planning Area to best benefit the transportation system, as well as plan for the future of the transportation network within financially feasible goals. This solicitation is a continuation of the recently adopted 2045 Metropolitan Transportation Plan which looked extensively at non-motorized travel options. All recommendations produced from this Pedestrian, Greenway, and Transit Plan shall be consistent with the goals and objectives already outlined in the 2045 Metropolitan Transportation Plan. See Appendix B for a map showing the KATS MPO planning area.


Agreement Between the Kalamazoo Area Transportation Study and AECOM Great Lakes, Inc. Page 1 of 16

GOALS AND OBJECTIVES The following goals, at a minimum, have been identified for the project:

• Foster greater transit accessibility by planning for an integrated area wide greenway system which allows increased pedestrian and non-motorized access to the existing transit system.

• Identify greenway corridors that can best protect natural resources while providing linear access and connectivity to transportation options.

• Provide extensive citizen and community outreach and participation opportunities. • Develop greenway project descriptions, priorities and financial feasibility.

SCOPE OF WORK

The tasks and associated task deliverables described in the Scope of Work are a minimum. Proposers are encouraged to include additional tasks and deliverables in the proposals where they deem appropriate. It is expected that the project shall be completed within 12 months of contract authorization. Task 1: Data Collection and Review With the assistance of KATS staff and members of the Steering Committee, the consultant shall assemble and analyze all existing relevant data in order to develop the Pedestrian, Greenway, and Transit Plan. The consultant shall determine any additional data requirements and determine the best course of action in collecting said data within the scope of their proposal. The consultant shall review existing documents, including but not limited to the KATS 2045 Metropolitan Transportation Plan, Kalamazoo Metro’s 10 Year Service Vision, local master plans, and recreation plans. Products: Technical Memorandum 1 that summarizes assembled data and includes a narrative that describes the methodology and findings with necessary exhibits (e.g., maps, tables) as well as data files of any new data collected. Task 2: Delineation of Greenway Routes and Public Meeting 1 Once the existing conditions are collected, the consultant shall assess the suitability of integrating pedestrian and greenway connections with the existing transit system. Where suitable, a context-sensitive, off-road greenway for bicycles and pedestrians that furthers connectivity to the transit system shall be proposed. If it is not possible to create an off-road greenway, the consultant shall explore on-street bicycle and pedestrian accommodations in a context sensitive nature. It is anticipated that the consultant will hold a public meeting during Task 2 to present the work completed to date and to solicit input from the public. The first public meeting should be formatted similar to a design charrette, which will be an inter-active workshop with the public to brainstorm ideas for the potential greenways and inform a collective vision for the entire Pedestrian, Greenway, and Transit Plan. Products: Technical Memorandum 2 that includes documentation of the proposed greenways and how they increase accessibility to transit, including written descriptions and mapping. Also include a summary of public comments and suggestions from public meeting. Task 3: Implementation Strategy and Public Meeting 2 The consultant shall prepare high level (non-engineering) cost estimates for implementation of the proposed pedestrian and greenway system. The consultant shall prepare an implementation strategy that identifies a public driven prioritization process; funding sources; responsible agency; timeframe;



and possible phasing plan. It is anticipated that the consultant will hold a public meeting during Task 3 to present the work completed to date and to solicit input from the public. Product: Technical Memorandum 3 that includes a narrative and exhibits for an implementation strategy for the pedestrian and greenway system. Summary of public comments submitted during public comment period. Task 4: Draft Final Report and Public Meeting 3 The consultant shall prepare a draft of the final report that summarizes all work completed for review by KATS and the Steering Committee. It is anticipated that the draft final report will include Technical Memoranda 1-3. The consultant shall revise the draft final report per comments from KATS staff and the Steering Committee. It is anticipated that the consultant will hold a public meeting during Task 4 to present the work completed to date and to solicit input from the public. Product: Draft final report and a public meeting on draft. Task 5: Final Report The consultant team shall prepare the final report revised per comments from KATS Staff, the Steering Committee, and the public and distribute copies to KATS Staff and the Steering Committee. A digital copy of the plan shall also be provided to KATS Staff in a common format approved by KATS so staff is able to edit and modify, if necessary. All work products and data collected shall be the property of KATS. The final product shall be a plan that details the steps the MPO needs to take to create a continuous pedestrian and greenway system that facilitates increased accessibility to transit. Product: A digital copy of the final report with Executive Summary in a format that may be edited by KATS staff including all data collected throughout the study. Twenty (20) hardcopies of the final report and supporting documentation. The following disclaimer shall be placed on the final report: “The preparation of this report has been financed in part through grant[s] from the Federal Highway Administration and Federal Transit Administration, U.S. Department of Transportation, under the Metropolitan Planning Program, Section 104(f) of Title 23, U.S. Code. The contents of this report do not necessarily reflect the official views or policy of the U.S. Department of Transportation." In addition, the KATS logo should be displayed on the cover and/or title page of any published report concerning this project, except for products that contain no logos or other agency identification. The Steering Committee will assist the consultant team with data collection when applicable and review consultant task deliverables. The Steering Committee shall meet regularly throughout the study. At a minimum, it is anticipated that the Steering Committee will convene once during each consultant task. The consultant shall be responsible for preparing the agenda, materials, and minutes for Steering Committee meetings as well as leading discussions at the Steering Committee meetings. Public Meetings Over the course of the study, at least three meetings of the general public will be convened. The purpose of public meetings is to provide an open forum to solicit input on the study process and



products. Therefore, attention shall be paid to the scheduling, notice, format, and presentation materials of all public meetings. Meetings of the Steering Committee shall not constitute public meetings. KATS Staff shall be responsible for reserving locations for public meetings, responding to public inquiries, and assisting in the advertisement of public meetings. The consultant shall be responsible for the preparation of the agenda, materials, and/or presentations for public meetings. When appropriate, meeting materials shall be made available to the public at least one week in advance of the meeting. The public shall be given ample opportunity to review and provide feedback on consultant work products. As part of the KATS Environmental Justice process, areas within the MPO have been identified as Environmental Justice Areas. Therefore, efforts shall be made to reach the widest audience possible. Innovative and effective ways to engage the public are encouraged.

SKILLS AND QUALIFICATIONS

Consultants are encouraged to collaborate with other consulting firms to work as a team. A lead consultant will need to be selected from the team of consultants to facilitate the process. Other disciplines may be included as needed. Those might include experts in pedestrian and greenway planning or natural resource management. At a minimum, expertise in the following areas is required:

• Urban Planning: The urban planning element will provide the facilitation for a wide range of participation in the planning process and presents opportunities for consensus building and creates the vision for the consultant team.

• Transportation Planning: Thorough understanding of transportation systems, including transit operations and pedestrian connectivity.

• Visualization: The ability to visualize the planning process to the public for better public and political engagement and buy-in.

SELECTION CRITERIA

The selection of the consultant will be made by the Kalamazoo Area Transportation Study and the Pedestrian, Greenway, and Transit Plan Steering Committee. During this period, proposers may be requested to give an oral presentation of their submission. Factors to be used in evaluating the proposals include:

• Understanding of the project and proposed course of action. (40%) • Previous consultant experience on similar projects. (15%) • Proposal for public engagement activities. (10%) • Experience and qualifications of personnel to be assigned to the project. (20%) • Time schedule for accomplishing the tasks. (15%)

KATS and the Steering Committee will look for a demonstrated comprehensive and innovative approach to the various work elements. Once all proposals are ranked, the highest ranking proposal’s Price Proposal will be opened. A contract will then be negotiated within the budget allocated. If a contract cannot be reach with the highest ranked proposal, KATS will begin negotiating with the second highest ranked proposal, and so forth. Other factors that may be considered:

• Past performance on related projects for the Kalamazoo Area Transportation Study. • Other items the consultant may include deemed pertinent to this project.



AWARD OF CONTRACT The proposal submitted by the consultant shall remain in effect for ninety (90) days. It is understood that there will be no reimbursements to the consultant for proposal submission costs or for travel costs to attend a possible initial interview meeting. The Kalamazoo Area Transportation Study reserves the right to reject any or all proposals submitted in response to this RFP. Award of the contract will be made to the proposer providing the most complete proposal with the best aggregate of total functionality for the amount of expenses to be incurred. The consultant chosen to work may be asked to submit further information. Negotiations could be necessary to arrive at a final cost for the contract. We expect to award a contract within one month from our receipt of the proposals. If selected, the consultant shall enter into a contract with KATS to undertake this project. The contract shall indicate that the work to be undertaken shall be done to the satisfaction of KATS, according to this RFP and for the amount agreed upon by the two parties. The cost shall indicate that no additional money shall be paid to the consultant for any work for which prior authorization has not been given in writing. No contingency allowance will be accepted.



II. INDEMNITY AND INSURANCE If the negligent acts, errors or omissions of the Contractor/Vendor or its employees, agents or officers, cause injury to person or property, the Contractor/Vendor shall defend, indemnify and save harmless the Michigan Department of Transportation, the Kalamazoo Area Transportation Study, its agents, officials, and employees against all claims, judgments, losses, damages, demands, and payments of any kind to persons or property to the extent occasioned from any claim or demand arising therefrom. The Contractor shall furnish within (10) days of Notice of Award, certificate(s) of insurance providing insurance coverage as follows: (A) Workers' Compensation Insurance - Covering all persons engaged in work under this contract to the full

statutory limits stipulated in the Michigan Workers' Compensation Act, including Employer's liability of $500,000.

(B) Commercial Liability Insurance - Including premises and operations, including XCU coverage, if the nature of the contract requires XC or U work. Product and completed operations, contractual and independent contractor's protection with limits as follows:

Bodily Injury $ 1,000,000 occurrence/ $ 1,000,000 aggregate Property Damage $ 500,000 occurrence/ or $ 500,000 aggregate Bodily Injury/ $ 1,000,000 CSL Property Damage

(C) Automobile Liability Insurance - Including owned, non-owned and hired motor vehicles as well as

Michigan Property Protection Insurance as required by statute. Limits as follows: Bodily Injury $ 1,000,000 occurrence/

$ 1,000,000 aggregate Property Damage $ 300,000 occurrence/ or $ 300,000 aggregate Bodily Injury/ $ 1,000,000 CSL Property Damage

The above requirements should not be interpreted to limit the liability of the Contractor under this contract. All Insurers shall be either licensed or authorized to do business in the State of Michigan. These coverages shall protect the Contractor, its employees, agents, representatives, and subcontractors against claims arising out of the work performed. The Kalamazoo Area Transportation Study, its officials, MDOT, agents, and employees shall be included as additional insured with respect to all liability policies herein. It shall be the Contractor's responsibility to provide similar insurance for each subcontractor or to provide evidence that each subcontractor carries such insurance in like amount prior to the time such subcontractor proceeds to perform under the contract.



III. TERMS AND CONDITIONS MASTER AGREEMENT

A copy of the Master Agreement between the Michigan Department of Transportation and the Kalamazoo Area Transportation Study is attached as Addendum A. All portions thereof are incorporated herein and made binding on AECOM. In the event of a conflict between the terms and conditions of this Agreement and those of the Master Agreement, the terms and conditions of the Master Agreement shall prevail.

PAYMENTS

AECOM shall submit invoices for services rendered and tasks completed as outlined in the Price Proposal not to exceed $125,000. Invoices must contain KATS project number, an itemized statement of services performed, a unique invoice number and a total billed to date. AECOM agrees that the costs reported to KATS for this Contract will represent only those items that are properly chargeable in accordance with this Contract. AECOM also certifies that it has read the Contract terms and has made itself aware of the applicable laws, regulations, and terms of this Contract that apply to the reporting of costs incurred under the terms of this Contract. Records are to be maintained for 3 years from final payment. KATS shall invoice the Michigan Department of Transportation on AECOM’s behalf on a monthly basis for invoices received by KATS month’s close (the 15th of each month). Payments will be processed no later than 10 days after receiving payment from the Michigan Department of Transportation. It is a condition of KATS’ payment to AECOM, that KATS have received the corresponding payment from the Michigan Department of Transportation. Payments to AECOM will be reduced by any amounts withheld by MDOT.

CHANGES AND/OR CONTRACT MODIFICATIONS

KATS reserves the right to increase or decrease services or requirements, or make any changes necessary at any time during the term of this contract, or any negotiated extension thereof. Price adjustments due to any of the foregoing changes shall be negotiated and mutually agreed upon by the Consultant and KATS.

LAWS, ORDINANCES AND REGULATIONS

The consultant shall keep fully informed of all local, state and federal laws, ordinances, and regulations in any manner affecting those engaged or employed in the work and the equipment used. The consultant and/or employees shall, at all times, serve and comply with such laws, ordinances and regulations. AECOM further certifies that it agrees to use the E-Verify system to verify that all persons hired during the contract term by the AECOM are legally present and authorized to work in the United States.

Any permits, licenses, certificates or fees required for the performance of the work shall be obtained and paid for by the consultant.

This contract shall be governed by the laws of the State of Michigan. HOLD HARMLESS

If the negligent acts, errors or omissions of the Contractor/Vendor or its employees, agents or officers, cause injury to person or property, the Contractor/Vendor shall defend, indemnify and save harmless the Michigan Department of Transportation, the Kalamazoo Area Transportation Study, its agents, officials, and employees against all claims, judgments, losses, damages, demands, and payments of any kind to persons or property to the extent occasioned from any claim or demand arising therefrom.



DEFAULT KATS may at any time, by written notice to the consultant, terminate this contract and the consultant’s right to proceed with the work, for just cause, which shall include, but is not limited to the following:

• Failure to provide insurance and bonds (when called for), in the exact amounts and within the

time specified or any extension thereof.

• Failure to perform the services within the time specified herein, or any extension thereof.

• Failure to make progress if such failure endangers performance of the contract in accordance with its terms.

• Failure to perform in compliance with any provision of the contract.

• Standard of Performance - Consultant guarantees to perform the services rendered herein in

accordance with the accepted standards applicable of the industry or industries concerned herein.

Upon notice by KATS of the Consultant’s failure to comply with such standards or to otherwise be in default of this contract in any manner following the Notice to Proceed, the consultant shall immediately remedy said defective performance in a manner acceptable to KATS. Should the consultant fail to immediately correct said defective performance, said failure shall be considered a breach of this contract and grounds for termination of the same by KATS. In the event of any breach of this contract by the consultant, the consultant shall pay any cost to KATS caused by said breach including but not limited to the replacement cost of such services with another consultant. KATS reserves the right to withhold any or all payments until any defects in performance have been satisfactorily corrected. In the event the consultant is in breach of this contract in any manner, and such breach has not been satisfactorily corrected, KATS may bar the consultant from being awarded any future KATS contracts.

• All remedies available to KATS herein are cumulative and the election of one remedy by KATS

shall not be a waiver of any other remedy available to KATS, either listed in this contract or available by operation of law.

INDEPENDENT CONTRACTOR

At all times the consultant, any of its employees, or its sub-contractors, and their subsequent employees shall be considered independent contractors and not as KATS employees. The Contractor shall exercise all supervisory control and general control over all workers' duties, payment of wages to Contractor's employees and the right to hire, fire, and discipline their employees and workers. As an independent contractor, payment under this contract shall not be subject to any withholding for tax, social security or other purposes, nor shall the Contractor or its employees be entitled to KATS paid sick leave, pension benefit, vacation, medical benefits, life insurance or workers' unemployment compensation or the like.

KALAMAZOO AREA TRANSPORTATION STUDY'S RESPONSIBILITIES

KATS agrees to provide full, reliable information regarding its requirements for the Project and, at its expense, shall furnish the information, surveys and reports, if any, as described in the Scope of Work. In addition, KATS agrees to provide, at its expense and in a timely manner, the cooperation of its personnel



and such additional information with respect to the Project as may be required from time to time, to be provided by KATS for the performance of the consultant’s work.

TERMINATION

This Agreement may be terminated by either KATS or the Consultant by giving written notice at least thirty (30) days prior to the date of termination.

• In the event of such termination by the consultant, KATS, together with any other remedies

which are legally available, may withhold any subsequent payment due under this agreement until such time as the services required to be performed under this Agreement have been completed by KATS or another consultant. In the event that KATS incurs additional expenses caused directly or indirectly by the termination of this Agreement, together with such other remedies as are legally available, KATS shall be entitled to deduct such expenses from any unpaid amount due to the consultant under this agreement.

• In the event of such termination by KATS, KATS shall pay the consultant for services and

reimbursable expenses performed or incurred prior to the termination date plus all costs and expenses directly attributable to such termination for which the consultant is not otherwise compensated.

CONFLICT OF INTEREST

The consultant shall not be allowed to work as a contractor or sub-contractor on any project within the scope of this contract which constitutes a conflict of interest.

NO WAIVER

Either party's failure to insist on strict performance of any term or condition of the contract shall not be deemed a waiver of that term or condition even if the party accepting or acquiescing in the nonconforming performance knows of the nature of the performance and fails to object to it.



DBE PARTICIPATION FORM

BLANK forms are NOT acceptable. If DBE subcontractor opportunities are available please fill out sections 1

thru 5. If no subcontractor opportunities available fill out section 6. SIGNATURES ARE REQUIRED.

Separate information is required for each DBE subcontractor. This form may be duplicated as necessary.

1) DBE Consultant Name: _________________________________________ Address: _________________________________________ _________________________________________ 2) Dollar amount awarded: ___________________________________ 3) Description of work to be performed: _____________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ 4) CONTRACTOR’S COMMITMENT TO USE DBE CONSULTANT ________________________________ is committed to utilize the DBE contractor in the manner (Name of Contractor) and amount described on this form. Dated ________________ _____________________________ (Authorized Signature) 5) DBE’S COMMITMENT TO PARTICIPATE _________________________________, as a DBE consultant, is committed to perform the work as (Name of subcontractor/supplier) described above for the amount specified. Dated ________________ ___________________________ (Authorized Signature) 6) NO SUBCONTRACT OPPORTUNITIES, AVAILABLE. _________________________________, has no subcontractor opportunities (Name of subcontractor/supplier) available for work to be performed. Dated ________________ ___________________________ (Authorized Signature)



DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS

As required by U.S. Department of Transportation regulations on Government and Suspension at 49 CFR 29.510, the Contractor certifies to the best of its knowledge and belief, that it and its principals: (1) Are not presently debarred, suspended, proposed for debarment, and declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency. (2) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them 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 statutes; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property. (3) Are not presently indicted or otherwise criminally or civilly charged by a government entity (Federal, state, or local) with the commission of any of the offenses listed in paragraph (2) of this certification. (4) Have not within a three-year period preceding this contract had one or more public transactions (Federal, state, or local) terminated for cause of default. The contractor certifies that if it becomes aware of any later information that contradicts the statements of paragraphs (1) through (4) above, it will promptly inform KATS. Should the contractor be unable to certify to the statements of paragraphs (1) through (4) above, it shall acknowledge on its signature page and provide a written explanation to KATS. ________________________________________ Signature of Authorized Individual ________________________________________ Title The certification must be attached and returned with any proposal equal to or exceeding $25,000.



DBE CONTRACTOR COMPLIANCE 5.1 The selected Contractor and its subcontractors shall agree to ensure that disadvantaged businesses have the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with federal funds provided under this Agreement. In that regard, all Contractors and subcontractors shall take all necessary and reasonable steps in accordance with 49 CFR Part 23 as amended, to ensure that minority business enterprises have the maximum opportunity to compete for and perform contracts. 5.2 The contractor, sub-recipient, or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR part 26 in the award and administration of DOT assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate. 5.3 The prime contractor agrees to pay each subcontractor under this prime contract for satisfactory performance of its contract no later than thirty (30) days from the receipt of each payment the prime contract receives from the Kalamazoo Area Transportation Study. The prime contractor agrees further to return retainage payments to each subcontractor within thirty (30) days after the subcontractors work is satisfactorily completed. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the Kalamazoo Area Transportation Study. This clause applies to both DBE and non-DBE subcontracts. Non-compliance with this clause will be considered default under the contract.



I hereby state that all of the information I have provided is true, accurate and complete. I hereby state that I have the authority to submit this proposal which will become a binding contract if accepted by the KATS. I hereby state that I have not communicated with nor otherwise colluded with any other bidder, nor have I made any agreement with nor offered/accepted anything of value to/from an official or employee of the City of Kalamazoo that would tend to destroy or hinder free competition. The consultant’s identification information provided will be used by KATS for purchase orders, payment and other contractual purposes. If the contractual relationship is with, or the payment made to, another consultant please provide a complete explanation on your letterhead and attach to your proposal. Please provide for accounts payable purposes: Tax Identification Number (Federal ID): _______________________ Remittance Address: __________________________________________________________________ I hereby state that I have read, understand and agree to be bound by all terms and conditions of this proposal document. SIGNED: _________________________________ NAME: _________________________________ (Type or Print) TITLE: ___________________________________ DATE: __________________________________ CONSULTANT NAME: _____________________________________________________________________ (if any) ADDRESS: _____________________________________________________________________________ (Street address) (City) (State) (Zip) PHONE: _________________________________ FAX NUMBER: __________________________ EMAIL ADDRESS: __________________________________________________________________ ____________________________________________________________________________________

FOR KATS USE ONLY - DO NOT WRITE BELOW



APPENDIX A NON-DISCRIMINATION CLAUSE FOR ALL KALAMAZOO AREA TRANSPORTATION STUDY (KATS)

CONTRACTS The Contractor agrees to comply with the Federal Civil Rights Act of 1964 as amended; the Federal Civil Rights Act of 1991 as amended; the Americans with Disabilities Act of 1990 as amended; the Elliott-Larson Civil Rights Act, Act. No. 453, Public Act of 1976 as amended; the Michigan Handicappers Civil Rights Act, Act No. 220, Public Act of 1976 as amended, and all other applicable Federal and State laws. The Contractor agrees as follows: 1. The Contractor will not discriminate against any employee or applicant for employment because of race,

color, religion, national origin, sex, age, height, weight, marital status, physical or mental disability, family status, sexual orientation or gender identity that is unrelated to the individual’s ability to perform the duties of the particular job or position. Such action shall include, but not be limited to the following: employment, upgrading, demotion or transfer, recruitment advertising, layoff or termination; rates of pay or other forms of compensations; and selection for training, including apprenticeship.

2. The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the

Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, national origin, sex, age, height, weight, marital status, physical or mental disability family status, sexual orientation or gender identity that is unrelated to the individual’s ability to perform the duties of the particular job or position.

3. If requested by KATS, the Contractor shall furnish information regarding practices, policies and programs

and employment statistics for the Contractor and subcontractors. The Contractor and subcontractors shall permit access to all books, records and accounts regarding employment practices by agents and representatives of KATS duly charged with investigative duties to assure compliance with this clause.

4. Breach of the covenants herein may be regarded as a material breach of the contract or purchasing

agreement as provided in the Elliott-Larsen Civil Rights Act and City Ordinance 1856. 5. The Contractor will include or incorporate by reference the provisions of the foregoing paragraphs 1

through 4 in every subcontract or purchase order unless exempted by the rules, regulations or orders of the Michigan Civil Rights Commission* and will provide in every subcontract or purchase order that said provision will be binding upon each subcontractor or seller.

6. The Contractor will not preclude a person with a criminal conviction from being considered for

employment unless otherwise precluded by federal or state law (for contracts over $25,000).

The Elliott-Larson Civil Rights Act, Sec. 202 of Act. No. 453 of 1976 reads in part as follows:

Sec. 202. (1) An employer shall not:

(a) Fail or refuse to hire, or recruit, or discharge or otherwise discriminate against an individual with respect to employment, compensation, or a term condition or privilege of employment because of religion, race, color, national origin, age, sex, height, weight or marital status.

(b) Limit, segregate or classify an employee or applicant for employment in a way

which deprives or tends to deprive the employee or applicant of an employment opportunity or otherwise adversely affects the status of an employee or applicant



because of religion, race, color, national origin, age, sex, height, weight or marital status.

(c) Segregate, classify or otherwise discriminate against a person on the basis of sex

with respect to a term, condition or privilege of employment, including a benefit plan or system.

* Except for contracts entered into with parties employing less than three employees. 1-2010



APPENDIX B


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