Resilience Improvement Plan

October 14, 2022 REQUEST FOR PROPOSALS (RFP) NO. 268 Resilience Improvement Plan The Chicago Metropolitan Agency for Planning (CMAP) is requesting proposals from interested firms to conduct a regional transportation vulnerability assessment and develop a resilience improvement plan, as described in the enclosed Request for Proposals (RFP). CMAP will conduct a non-mandatory pre-bid information webinar on October 26, 2022 at 2:00 p.m. local time. Please use the information provided below to attend. Microsoft Teams meeting Join on your computer, mobile app or room device Click here to join the meeting Meeting ID: 284 498 321 153 Passcode: NehENv Download Teams | Join on the web Or call in (audio only) +1 872-215-6245,,992428778# United States, Chicago Phone Conference ID: 992 428 778# Participation in the pre-bid discussion is non-mandatory, but is offered as a way to best understand the scope of work we are trying to accomplish. The questions and responses noted during the pre-bid

discussion will be posted to the CMAP website. https://teams.microsoft.com/l/meetup-join/19%3ameeting_ZTQ4YzIxNDAtMjYwOS00MDdlLTg5MzItMDI3YTBkNmM4ZWRk%40thread.v2/0?context=%7b%22Tid%22%3a%2243b185b9-e6d9-45a5-8e36-4c08dc0ab1a2%22%2c%22Oid%22%3a%226d89bed5-1677-4c01-b257-70438c3c6e55%22%7d https://www.microsoft.com/en-us/microsoft-teams/download-app https://www.microsoft.com/microsoft-teams/join-a-meeting tel:+18722156245,,992428778# 2 RFP 268 Resilience Improvement Plan If your team is qualified and experienced in performing the described services, CMAP would appreciate receiving your submission as indicated in the RFP. The deadline for responding to the RFP is 3:00 p.m. on November 10, 2022. Thank you, and if you have any questions, please email me at pdubernat@cmap.illinois.gov. Sincerely, Penny DuBernat Procurement Officer pdubernat@cmap.illinois.gov Enclosure mailto:pdubernat@cmap.illinois.gov mailto:pdubernat@cmap.illinois.gov 3 RFP 268 Resilience Improvement Plan REQUEST FOR PROPOSALS (RFP) NO. 268 Resilience Improvement Plan The Chicago Metropolitan Agency for Planning (CMAP) invites consultants to submit proposals for its Resilience Improvement Plan RFP, as described in this scope of work. Please read each section carefully for information regarding the proposal and submittal instructions. SECTION 1: Background and General Information About CMAP The Chicago Metropolitan Agency for Planning (CMAP) is the region’s metropolitan planning organization. The agency and its partners have developed ON TO 2050, a comprehensive plan that builds upon its predecessor GO TO 2040, to help the seven counties and 284 communities of northeastern Illinois implement strategies that address community, prosperity, the environment, governance, transportation and mobility. CMAP has adopted core values, which are: lead with excellence, pursue equity, passion for public service, drive innovation and foster collaboration. These values guide all of the decisions taken by the agency and the CMAP team. See www.cmap.illinois.gov for more information. General Information As a result of responses to this RFP, CMAP plans to review submissions and conduct interviews with selected consultants it determines can best meet the requirements outlined below. Negotiations will be held on both the scope and the cost to select the consultant that CMAP believes can best satisfy its requirements at rates it perceives are reasonable for the services provided. Subject to “Reservation of Rights” below, it is anticipated that a single contract or multiple contracts will be awarded for the work described. The contract(s) awarded will be for a period of two years, with one, two-year option for renewal. SECTION 2: Scope of Project and Procurement Details Project Background Climate change and extreme weather are causing more frequent flooding and temperature-related impacts to northeastern Illinois’ transportation system. Inclement weather conditions cause road closures, traffic slowdowns, transit delays, crashes, and damage to electronic devices including traffic lights, message signs, and cameras. These disruptions affect drivers, transit users, pedestrians, and cyclists, and the region’s most vulnerable residents are particularly affected by disruptions to the transit network. These capacity and performance issues are only expected to worsen. Both the risk-based assessment and resilience improvement plan will build on ongoing efforts by transportation, emergency management, and stormwater agencies to increase regional transportation resilience, including assessing vulnerability, upgrading stormwater design standards, pursuing partnerships to address flooding issues, and investing in a zero-emissions transit system. This work will help CMAP http://www.cmap.illinois.gov/ 4 RFP 268 Resilience Improvement Plan meet USDOT’s minimum elements of a resilience improvement plan and make the region fully eligible and prepared to pursue Promoting Resilient Operations for Transformative, Efficient, and Cost-saving Transportation (PROTECT) grant program funding. It will also implement recommendations from the ON TO 2050 comprehensive regional plan and help CMAP comply with Federal requirements for improving the resiliency and reliability of the transportation system, reducing stormwater impacts of surface transportation, and developing strategies to reduce the vulnerability of the existing transportation infrastructure to natural disasters and extreme weather. Recent plans and studies Several partners have undertaken planning and studies relevant to the resilience improvement plan process. Responses should be informed by this body of work and specifically incorporate ON TO 2050, including the guiding principles of inclusive growth, resilience, and prioritized investment as well as recommendations related to climate, transportation network resilience, and flood risk. ▪ Vulnerability and resilience. Recent vulnerability assessments and resilience/adaptation plans and studies should inform the planning process, including the Illinois DOT’s (IDOT) 2017 Illinois All-Hazards Transportation System Vulnerability Assessment, the Regional Transportation Authority’s (RTA) 2018 Flooding Resilience Plan for Bus Operations, and Chicago Transit Authority’s (CTA) 2013 climate adaptation pilot report. Another relevant plan is the 2012 Chicago Regional Green Transit Plan, which covers climate adaptation and mitigation needs. The City of Chicago’s Lake Michigan High Water Level Shoreline Assessment and recently funded comprehensive lakefront study in collaboration with the U.S. Army Corps of Engineers (USACE) should inform coastal-related vulnerabilities and recommendations. Several municipalities in the region have climate action, resilience, and sustainability plans, including Chicago, Highland Park, Northbrook, Oak Park, Park Forest, Waukegan. These plans examine climate impacts to transportation infrastructure with a focus on critical transportation and evacuation routes and transit facilities. Relevant municipal plans include recommended mitigation strategies such as using flood maps to prioritize projects for vulnerable infrastructure and incorporating natural infrastructure and other resilience improvements in local capital improvement plans. ▪ Stormwater and flooding. County stormwater agencies and the City of Chicago have conducted numerous studies and plans to address stormwater and flooding, resulting in data on flood locations and at-risk culverts, inundation areas, and identified projects. Specific plans and studies include the USACE’s 2019 DuPage River Feasibility Study, DuPage County’s flood control and water quality watershed plans and the Metropolitan Water Reclamation District of Greater Chicago’s (MWRD) Detailed Watershed Plans and stormwater master plans. CMAP developed a regional flood susceptibility index to help prioritize areas susceptible to flooding for planning and investment. The proposed vulnerability assessment may build on the index to provide more refinement to the transportation system. ▪ Emergency management. Relevant emergency management documents include State and county natural hazard mitigation plans and emergency operations plans. Threat and Hazard Identification and Risk Assessments (THIRA) prepared by the Counties, the City of Chicago, and for the Chicago Urban Area may also be referenced. ▪ Transit safety. Transit agencies routinely prepare safety plans, threat and vulnerability assessments (TVAs), and other assessments to evaluate safety and risk for the transit system and capital project planning. Additional information https://idot.illinois.gov/Assets/uploads/files/Transportation-System/Reports/OP&P/All%20Hazards_Executive%20Summary_HiRes.pdf https://idot.illinois.gov/Assets/uploads/files/Transportation-System/Reports/OP&P/All%20Hazards_Executive%20Summary_HiRes.pdf https://www.rtachicago.org/sites/default/files/documents/plansandprograms/RTA%20FRPBO%20Full%20Report%20With%20Appendices.pdf https://www.transit.dot.gov/sites/fta.dot.gov/files/FTA0070_Research_Report__Summary_1.pdf https://www.rtachicago.org/sites/default/files/content/strategicprograms/RTA_GreenTransitPlan.pdf https://www.rtachicago.org/sites/default/files/content/strategicprograms/RTA_GreenTransitPlan.pdf https://www.chicago.gov/city/en/depts/cdot/supp_info/lake-michigan-high-water-level-shoreline-assessment.html https://www.chicago.gov/content/dam/city/sites/climate-action-plan/documents/CHICAGO_CAP_20220429.pdf https://cms6.revize.com/revize/highlandparkil/environment/docs/City%20of%20Highand%20Park%20Climate%20Hazard%20Assessment_2019.06.24%20FINAL.pdf https://view.publitas.com/palebluedot/northbrook-climate-action-plan-final-draft-042721/page/1 https://www.sustainoakpark.com/oak-parks-climate-action https://www.villageofparkforest.com/DocumentCenter/View/3697/Climate-Action-and-Resilience-Plan https://go.boarddocs.com/il/cowil/Board.nsf/files/C3YP2E624C75/$file/SustainabilityPlan2021-final.pdf https://www.lrc.usace.army.mil/Missions/Civil-Works-Projects/DuPage-River/ https://www.dupagecounty.gov/edp/stormwater_management/6597/ https://www.dupagecounty.gov/edp/stormwater_management/6597/ https://legacy.mwrd.org/irj/go/km/docs/documents/MWRD/internet/protecting_the_environment/Stormwater_Management/htm/detailed_watershed_plans.htm https://www.cmap.illinois.gov/programs/water/stormwater/flood-index https://www.cmap.illinois.gov/programs/water/stormwater/flood-index 5 RFP 268 Resilience Improvement Plan CMAP held four virtual workshops between February and April 2022 to solicit input on the scope of work for the assessment and plan. Workshop attendees included transportation planners and engineers, asset managers, emergency managers, and stormwater engineers from the City of Chicago, Counties, State, and Federal government. The information received at these workshops has been incorporated into this RFP and a summary will be provided to the selected consultant. Project Description This project seeks to understand transportation system vulnerability to climate change and identify strategies to build resilience in the seven-county region of northeastern Illinois comprised of Cook, DuPage, Kane, Kendall, Lake, McHenry, and Will counties as well as the City of Chicago. The resilience improvement plan should include a risk-based assessment of vulnerabilities of transportation assets and systems to current and future weather events and natural disasters. It should also include an investment plan of priority projects based on the results of the assessment. This work will help CMAP meet USDOT’s minimum elements of a resilience improvement plan and make the region fully eligible and prepared to pursue PROTECT program funding. It will also help CMAP and regional stakeholders prioritize necessary investments and inform transportation decision-making, including planning, project development and engineering, asset management, operations and maintenance, and emergency management. Many metropolitan areas have already begun this work in partnership with the Federal Highway Administration (FHWA). Scope of Services This scope of work describes the consultant requirements to develop a resilience improvement plan that meets and adapts to the minimum requirements outlined in current and future PROTECT Program guidance. The selected consultant will work under the direction of CMAP but is expected to interact frequently with representatives of the region’s transportation, stormwater, and emergency management agencies, mobility and environmental justice stakeholders, and other partners through a steering committee and other engagement activities. Expected project phases, activities, and deliverables: Consultants are encouraged to propose deliverables that best fit the project and would be most useful to the intended audience. Consultants should clearly identify and fully describe their proposed deliverables in submittals and clearly tie these deliverables to the project phases and required or optional activities described below. Phase 1 of the project is anticipated to take approximately 24 months from the time of project kick-off, with the option for a 2-year contract renewal for Phase 2. The cost of the Phase 1 risk-based assessment is anticipated to be between $250,000 and $350,000. Consultants should produce a detailed project scope for Phase 1 that involves a level of effort consistent with this cost range. CMAP is unable to provide a cost range for the Phase 2 resilience improvement plan and intends to use this RFP to better understand the potential budget to support the anticipated planning work. Consultants should produce a project scope for Phase 2 that involves a level of effort required to meet the minimum elements of a resilience improvement plan as described below. CMAP understands that the Phase 2 scope may be less detailed than the Phase 1 scope given the information that is known about resilience improvement plans at this time. For both phases, consultants are encouraged to include optional elements as described below or propose additional https://www.fhwa.dot.gov/environment/sustainability/resilience/pilots/ https://www.fhwa.dot.gov/environment/sustainability/resilience/pilots/ https://www.fhwa.dot.gov/environment/sustainability/resilience/policy_and_guidance/protect_formula.pdf https://www.fhwa.dot.gov/environment/sustainability/resilience/policy_and_guidance/protect_formula.pdf 6 RFP 268 Resilience Improvement Plan enhancements to the project scope for CMAP to consider. CMAP may award the phases, optional elements, and additional enhancements in whole or in part. A. Phase 1. Risk-based assessment The first phase of the project is to conduct a risk-based assessment of regional transportation vulnerability to climate change. This work should entail a comprehensive assessment of the regional transportation system following the FHWA’s Vulnerability Assessment and Adaptation Framework and other best practices used by state departments of transportation (DOTs) or metropolitan planning organizations (MPOs). It is expected that the assessment’s level of detail will vary given the nature of the hazard and data availability for northeastern Illinois; however, this work must meet USDOT’s minimum requirements for a risk-based assessment as outlined in the PROTECT Program guidance and any additional information released by USDOT in the future. This includes assessing the vulnerability of transportation assets and systems to current and future weather events and natural disasters. CMAP recognizes that potential approaches to assessing future vulnerability can range from rather simple—such as using the 500-year floodplain or other proxy datasets—to more complex, such as using climate models, scenarios, and downscaled climate data. Consultants should include, at minimum, a relatively simple approach to account for potential future conditions in Phase 1. A more complex use of climate information is requested under Section E, Optional scope elements. The following guidance was informed by input obtained from scoping workshops and conversations with transportation, stormwater, and emergency management implementers. It is provided to guide the consultant’s response; however, these areas may change moderately depending on opinions and expertise of the consultant team, data availability, or other information revealed during the project. Hazards The primary hazards for the assessment include riverine, coastal, and urban/localized flooding and temperature impacts from extreme heat, cold, and more frequent freeze/thaw cycles on transportation infrastructure. Impacts due to extreme storms (snow, ice, and wind) are of interest to CMAP and stakeholders although data on disruptions is limited and, therefore, these impacts are considered secondary hazards. Stakeholders are also interested in considering the impacts of multiple, compounding hazards to the extent possible. List of hazards: • Primary: flooding (urban, riverine, coastal), extreme temperatures, and freeze/thaw cycling • Secondary: Severe storms (snow, ice, wind), compounding hazards Assets The primary assets for the assessment include roadways, inter-city (CTA), and commuter (Metra) rail tracks, bridges and culverts, and roadway and transit facilities. All Federal-aid roadways should be included in the assessment, which includes roads with a functional classification of minor collector and above. Bicycle and pedestrian infrastructure adjacent to included roadways and those roads used by CTA and Pace bus service should be considered within roadway assets and services, as well as demand-response and other non-fixed route bus service provided by Pace (Paratransit, On Demand, and Dial-a-Ride). Geotechnical structures (e.g., retaining walls), which includes at-risk coastal infrastructure along Lake Michigan, should be considered to the extent possible given available data. Electrical grid vulnerability and redundancy, which is important to support an electrified transportation system, traffic management, and https://www.fhwa.dot.gov/environment/sustainability/resilience/adaptation_framework/index.cfm https://www.fhwa.dot.gov/environment/sustainability/resilience/policy_and_guidance/protect_formula.pdf 7 RFP 268 Resilience Improvement Plan electronic tolling, should also be generally considered in the assessment to the extent possible. However, an assessment of individual electrical assets is not anticipated. Table 1. List of transportation asset types and quantities to include in the risk-based assessment Assets Quantity Roadway Roadways, including storm/combined sewer infrastructure, roadway-adjacent bicycle and pedestrian infrastructure, and geotechnical structures (i.e. retaining walls) Interstate/Highway: 525 miles Arterial: 4,020 miles Collector: 3,449 miles Roadway bridges 3,211 Roadway culverts 1,467 Roadway facilities (pump stations, maintenance, storage, salt domes, headquarters, and traffic management / 911 dispatch centers) TBD based on data availability Transit CTA tracks and supporting infrastructure Line branches: 11 Metra tracks and supporting infrastructure Line branches: 15 CTA bridges and viaducts 115 Metra bridges Bridges: 847 By Owner: Metra – 370 Railroads – 477 Transit facilities Rail Stations: 387 Bus Transit Centers: 11 Parking Facilities: 316 Administrative & Maintenance: 47 Other CTA bus routes and stops Routes: 127 Stops: 10,768 Pace bus routes and stops Routes: 231 Stops: 44,251 Electrical services and backup power Not available Phase 1 Deliverables: • A report that documents the results of the consultant’s risk-based assessment of regional transportation vulnerability to climate change. The report should document its methodology to allow for future updates and include charts, maps, and other graphics. • ArcGIS Pro project packages and file geodatabases containing the assessment results as well as other formats necessary for CMAP to use and disseminate. CMAP intends to host the data on its webpage for download as well as ArcGIS Online. Data should be formatted with these outputs in mind. 8 RFP 268 Resilience Improvement Plan B. Phase 2. Resilience improvement plan The resilience improvement plan must meet USDOT’s minimum elements and make the region fully eligible and prepared to pursue PROTECT Program funding. While this RFP reflects federal guidance released on July 29, 2022, any future revisions that impact the project will require adjustments to to the scope of work. Required elements: Federal guidance requires that resilience improvement plans: • Be for the immediate and long-range planning activities and investments of the MPO with respect to resilience of the surface transportation system within the boundaries of the MPO; • Demonstrate a systemic approach to surface transportation system resilience and be consistent with and complementary of the State and local mitigation plans required under section 322 of the Stafford Act (42 U.S.C. 5165); • Include a risk-based assessment of vulnerabilities of transportation assets and systems to current and future weather events and natural disasters (23 U.S.C. 17I)(2)(A-C)); and • (to qualify for a reduction in the non-Federal share) include an investment plan that includes a list of priority projects and describes how PROTECT Formula Program funds would be invested and matched as well as time frames for project implementation. Guidance requires that the following elements be included in resilience improvement plans, as appropriate: • Include a description of how the plan will improve the ability of the State or MPO to respond promptly to the impacts of weather events and natural disasters and to be prepared for changing conditions, such as sea level rise and increased flood risk. • Describe the codes, standards, and regulatory framework, if any, adopted and enforced to ensure resilience improvements within the impacted area of proposed projects included in the Resilience Improvement Plan; • Consider the benefits of combining hard surface transportation assets, and natural infrastructure, through coordinated efforts by the Federal Government and the States; • Assess the resilience of other community assets, including buildings and housing, emergency management assets, and energy, water, and communication infrastructure; • Use a long-term planning period; and • Include such other information as the State or MPO considers appropriate. (23 U.S.C. 176(e)(2)(E)(i)-(vi)). Guidance on strategic priorities and use of Federal-aid highway formula funding explains that funds from the PROTECT Formula Program could be used to advance other transportation system needs such as safety, transit, accessibility and ADA transition plan implementation, equity and environmental justice, climate change and sustainability, labor and workforce, and truck parking. These priorities should be considered within the planning process and incorporated into the resilience improvement plan as appropriate. As noted in greater detail below, CMAP considers the inclusion of an investment plan as a required element of the anticipated resilience improvement plan. https://www.fhwa.dot.gov/environment/sustainability/resilience/policy_and_guidance/protect_formula.pdf 9 RFP 268 Resilience Improvement Plan Optional elements: Federal guidance outlines optional elements that could be included in the resilience improvement plan. These include: • Designate evacuation routes and strategies, including multimodal facilities, designated with consideration for individuals without access to personal vehicles; • Plan for response to anticipated emergencies, including plans for the mobility of emergency response personnel and equipment and access to emergency services including for vulnerable or disadvantaged populations; • Describe resilience improvement policies, including strategies, land-use and zoning changes, investments in natural infrastructure, or performance measures that will inform the transportation investment decisions of the State or MPO with the goal of including resilience; • Detail an investment plan that: (i) includes a list of priority projects; and (ii) describes how PROTECT Formula Program funds apportioned to the State would be invested and matched, which shall not be subject to fiscal restraint requirements; and • Use science and data and indicate the source of data and methodologies. (23 U.S.C. 176(e)(2)(D)(i)-(v)). Although optional under federal guidance, CMAP considers an investment plan to be a required element, as noted above. A core goal of conducting a risk-based assessment is to integrate the results and resilience considerations into transportation decision-making. In addition to the Federal policy guidance above, the resilience improvement plan could identify strategies to integrate resilience into the following areas: • Transportation planning, project development, and engineering, including strategies for long-range planning, performance measures, targets, and evaluation criteria, as well as environmental review and developing resilience/adaptation alternatives. The plan could also recommend strategies for implementation by local governments. • Asset management, including strategies to connect the assessment results to asset management processes, such as identifying risks, considering life cycle costs, and informing investment decisions, and outline data collection needs to address gaps and inform future assessments. It could also recommend resilience needs to incorporate into self-evaluations and transition plans for compliance with the Americans with Disabilities Act (ADA). • Operations and maintenance, including strategies such as the expansion of intelligent transportation system (ITS) devices to support weather responsive traffic management strategies; coordination of snow and ice removal between jurisdictions; redundant, reliable, and resilient electricity and communications infrastructure; traffic management coordination and communications; and a regional transportation flooding reporting system. The plan could also discuss resilience needs related to self-evaluations and ADA transition plans and resilience improvement maintenance over the full life cycle of the project. • Emergency management by supporting the needs of people across modes and build on previous evacuation and emergency response efforts to maintain access to emergency services and critical destinations and address needs for traffic incident management equipment and signage. Phase 2 Deliverables: • A resilience improvement plan that contains the minimum requirements outlined above, including summarized results from the risk-based assessment, investment plan (priority projects), and other recommendations and optional elements as appropriate. It should include supporting text, charts, maps, and other graphics. 10 RFP 268 Resilience Improvement Plan • An executive summary that CMAP can share with stakeholders, elected officials, and the public. The summary should be visual and written for a non-technical audience. C. Equity Consultants should explain how their project scope will help advance environmental and mobility justice across both phases. Climate change and extreme weather do not affect all people or communities equally; those on the frontlines and with the least resources tend to suffer first and worst. People with disabilities, especially those who depend on paratransit and dial-a-ride services, are particularly vulnerable to disruptions in service due to flooding or other natural hazards. CMAP has core Federal responsibilities to ensure that all populations in the region enjoy the same benefits from Federal investments, bear equivalent burdens resulting from Federal projects, and have equal participation in projects of local and State importance. At the same time, CMAP and stakeholders want to make sure this work aligns with the Justice40 Initiative, which directs the Federal government to meet a goal that 40 percent of the overall benefits of certain Federal investments, including climate, go to disadvantaged communities. CMAP is working with a consultant to design and implement a pilot program, the Community Alliance for Regional Equity, to help build stronger relationships with historically underserved communities through sustained engagement with community organizations. Organizations may include but are not limited to those representing people of color, people living with disabilities, people with low incomes, immigrant and refugee populations, native and indigenous populations, LGBTQ+ people, youth, seniors, people who were formerly incarcerated, and Limited English Proficiency populations. CMAP intends to leverage the Community Alliance for Regional Equity relationships or convene a focus group of organizations to incorporate inclusive stakeholder input into both phases of this project’s work. These initiatives should be considered as resources that may be available to the consultant team during the project but should not constitute the entirety of the consultant’s approach to addressing equity as described above. D. Stakeholder engagement The project scope for both phases should include activities to engage stakeholders through a project steering committee, focus groups, interviews, one-on-one meetings, or other methods based on the consultant’s understanding of the needs and experience with similar projects and levels of engagement. CMAP anticipates this effort will require the input from a broad range of stakeholders to guide the process, provide information, and garner support for implementation. Stakeholders include but are not limited to transportation, stormwater, and emergency management implementers from the City of Chicago, Counties, State, and Federal government, the Illinois Tollway, the Regional Transportation Authority (RTA), transit service boards (CTA, Metra, and Pace), and community-based organizations representing environmental justice, disability, and other disadvantaged and underserved communities. CMAP will take primary responsibility for recruiting steering committee members, staff meetings, and otherwise support the day-to-day administration of a steering committee or similar group. CMAP will also schedule and staff other engagement activities. Selected consultants will be expected to develop agendas and meeting materials in conjunction with CMAP staff and present work progress and outcomes/deliverables to the steering committee, and to review content and participate in other engagement activities deemed necessary for the success of the project. https://www.whitehouse.gov/environmentaljustice/justice40/ 11 RFP 268 Resilience Improvement Plan E. Optional scope elements In addition to the core elements described above, CMAP expects proposals for the following optional scope elements. CMAP will exercise these options at its discretion based upon budgetary constraints. If there is a situation whereby a consultant must add a subcontractor to satisfy one or more of the options, CMAP will work with the consultant to execute a contract amendment. Each option may include as many or as few tasks and deliverables as the consultant would like, but deliverables and costs associated with each option must be clearly described. 1. Criticality assessment. It has become a common practice for risk-based assessments to include an assessment of both an asset’s vulnerability to a climate stressor and its criticality to the overall system. The Atlanta Regional Commission and Houston-Galveston Area Council are two MPOs that incorporated criticality into their assessment and FHWA’s adaptation framework discusses evaluating asset criticality in more detail. CMAP and stakeholders are interested in incorporating criticality into the assessment which could result in data that could be applied across CMAP’s transportation programs and investment decisions by others. Deliverables: • Phase 1 risk-based assessment report and data which incorporates the methodology and results of a criticality assessment. 2. Climate scenarios and projections. The risk-based assessment must examine transportation asset vulnerability to both current and future weather events and natural disasters. Consultants may propose a less intensive approach to incorporate future conditions in Phase 1 by using proxy datasets or other relatively simple approach, such as using the 500-year floodplain as an indicator of future flood risk. Such simple approaches should be incorporated into the main project proposal as part of the Phase 1 scope. Consultants should also propose more innovative approaches to incorporating climate scenarios and projections as part of this optional scope element and describe how the proposed approach would inform the Phase 1 risk-based assessment and Phase 2 resilience improvement plan. Examples of datasets that could inform more innovative analyses of future climate impacts include downscaled models being developed by the Illinois State Climatologist, Illinois State Water Survey, University of Illinois, and Argonne National Laboratory. Deliverables: • Climate scenarios and projections identified and incorporated into Phase 1 risk-based assessment and documented in the report. • Relevant information presented in the Phase 2 resilience improvement plan to guide and inform stakeholder investment decisions. 3. Impacts on transit riders. The risk-based assessment could consider the impact of extreme temperatures on transit riders. Such an analysis should analyze the social factors that contribute to extreme temperature vulnerability and the characteristics of both transit infrastructure and service that affect riders’ exposure to extreme temperatures, particularly those with disabilities and underlying health conditions. While all transportation system users will experience climate-related impacts, transit riders experience environmental exposure in a way that drivers do not, particularly for outdoor train and bus stations. Research has found that exposure is highly affected by system design, both in terms of station location (how far riders must walk to reach the stop) and frequency of service (how long rider must wait). CMAP is developing a heat index to assess human vulnerability to extreme heat conditions, which could be available for use to supplement other data https://atlantaregional.org/natural-resources/air-quality/resilience/ https://www.h-gac.com/resiliency-planning https://www.fhwa.dot.gov/environment/sustainability/resilience/adaptation_framework/chap02.cfm#toc498351475 12 RFP 268 Resilience Improvement Plan as appropriate. Consultant may also coordinate with the Chicago Department of Public Health and Northwestern University on their current work to develop a heat index for Chicago. Deliverables: • Phase 1 risk-based assessment report and data which incorporates qualitative and quantitative assessment of extreme temperatures on transit riders, by transit route. 4. Economic impact analysis. Stakeholders are interested in using information on potential economic impacts of flooding in project prioritization and investment decisions, grant seeking, and threat hazard analysis. CMAP could also potentially use this information when scoring transportation projects for funding. CMAP is also interested to know whether there are disproportionate economic impacts of flooding on disadvantaged and underserved populations. For this optional element, consultants should develop an approach to estimate the potential economic loss associated with roadway and transit network disruption from flooding. For example, the consultant could develop a tool (i.e., spreadsheet) to estimate user delays and associated economic costs of road flooding and apply the tool to five illustrative road segments that represent a range of functional classes, average annual daily traffic (AADT), and truck traffic. The tool could also be applied to generate summaries to understand the potential economic impacts of road flooding in the region (i.e., by county). The Southeast Michigan Council of Governments completed a similar task as part of their vulnerability assessment. However, consultants do not have to adhere to this approach and should propose an approach that is best suited to the project itself and would be most useful to the intended audience. The approach to estimate the impacts to transit will likely differ. Cost and revenue impacts of flooding on CTA and Metra train service would need to be calculated. Impacts on CTA and Pace bus service has already been calculated through the RTA Flooding Resilience Plan for Bus Operations, which should be incorporated into this work. Impacts on demand-response and other non-fixed route bus service provided by Pace (Paratransit, On Demand, and Dial-a-Ride) should be considered to the extent possible. Deliverables: • Phase 2 resilience improvement plan which incorporates the results and methodology of the economic impact analysis, including charts, maps, and other graphics. • Tool developed to allow CMAP and stakeholders to assess economic loss associated with roadway and transit network disruption from flooding in the future (i.e. spreadsheet or other format). Data availability While CMAP intends to collect as much relevant data as possible prior to the start of the contract, consultant will also be expected to collect some data. The consultant should anticipate downloading data available from public portals (such as IDOT roadway data) and meeting with key stakeholders to obtain additional information on asset condition and disruption as well as climate scenarios and projections as described above. A preliminary list of project data needs is provided below. Roadway assets • Roadways (with functional class of minor collector and above) and traffic counts • Bridges and culverts • Support facilities https://semcog.org/Portals/0/Documents/Plans-For-The-Region/Environment/SEMCOG%20Climate%20Resiliency%20and%20Flooding%20Mitigation%20Study_Report_August%202020.pdf?ver=pjn6fTnLv9BZaM8MuasqVw%3d%3d https://www.rtachicago.org/sites/default/files/documents/plansandprograms/RTA%20FRPBO%20Full%20Report%20With%20Appendices.pdf https://www.rtachicago.org/sites/default/files/documents/plansandprograms/RTA%20FRPBO%20Full%20Report%20With%20Appendices.pdf 13 RFP 268 Resilience Improvement Plan Public transportation assets • Bus routes, stops, stations, transit centers (CTA, Pace) • Rail lines, tracks, stations, terminals (CTA, Metra) • Bus and rail ridership including paratransit riders (CTA, Metra, Pace) • Commuter lots/park-n-rides (CTA, Metra, Pace) • Administration and maintenance facilities (CTA, Metra, Pace) Climate • Asset disruption data on flooding, temperature, and severe storms (as available, including data from the RTA Flooding Resilience Plan for Bus Operations) • Floodplain and inundation mapping • Lake Michigan lake levels • Topographic wetness index • Rivers, streams, lakes • Watersheds • CMAP’s regional heat index • Land use • Land cover • Digital elevation model Other • Regional points of interest (airports, water ports, medical campuses, major employers/employment centers, etc.) • Critical facilities (hospitals, nursing homes, independent living centers, fire stations, police stations, government/municipal centers, etc.) • Evacuation routes • Census data • Data summarized by traffic analysis zones (travel volumes, employment, socioeconomic, etc.) Selection Process and Schedule: October 14, 2022: RFP posted October 26, 2022: Non-mandatory Pre-bid information webinar November 10, 2022: Proposals due December 6-7, 2022: Interview finalists December 2022/January 2023: Decision and Execution of Contract Evaluation Criteria All responses to this request for proposals will be analyzed for completeness and cost effectiveness. The following criteria will be used in evaluating submissions: 1. The demonstrated record of experience of the consultant as well as identified staff in providing the professional services identified in this scope of work. 2. The consultant’s Phase 1 approach to develop a risk-based assessment of regional transportation vulnerability to climate change that meets the minimum requirements outlined in current and future PROTECT Program guidance. This includes evaluation of the strength and innovativeness of the approach and any optional or additional enhancements. 14 RFP 268 Resilience Improvement Plan 3. The consultant’s Phase 2 approach to develop a resilience improvement plan that meets the minimum requirements outlined in current and future PROTECT Program guidance. This includes evaluation of the strength and innovativeness of the approach and any optional or additional enhancements. 4. The consultant’s approach to the optional scope elements, including (1) Criticality assessment; (2) Climate scenarios and projections; (3) Impacts on transit riders; and (4) Economic impact analysis. This includes evaluation of the strength and innovativeness of the approach and any optional or additional enhancements. 5. The quality and relevance of the examples of similar work. 6. The consultant’s integration of the principles of ON TO 2050 into the proposal. 7. Prior performance of previous CMAP contracts will be considered. Consultants who are or have been seriously deficient in current or recent contract performance in the absence of evidence to the contrary or circumstances properly beyond the control of the Consultant shall be presumed to be unable to meet these requirements. Past unsatisfactory performance will ordinarily be sufficient to justify a finding of non-responsibility. 8. Cost to CMAP, including consideration of all project costs and per-hour costs. All timely responses received to this scope of work will be reviewed, and interviews may be conducted with selected submitters CMAP determines can best meet the above requirements. Cost will be evaluated against other factors based upon the professional judgment of those involved in the evaluation. An internal CMAP committee will make the consultant selection decision. As applicable, hourly rates for personnel the submitter proposes to use will be requested and negotiations will be held on both the scope and the cost to select the consultant CMAP believes can best satisfy its requirements at rates it perceives are reasonable for the services provided. CHANGE REQUESTS MADE TO PERSONNEL, TITLES, PERSONNEL HOURS, HOURLY RATES OR SUBCONTRACTORS, INCLUDING SUBCONTRACTOR PERSONNEL, PERSONNEL HOURS OR HOURLY RATES MUST RECEIVE PRIOR WRITTEN APPROVAL FROM THE CMAP PROCUREMENT OFFICER. CHANGES MADE WITHOUT PRIOR WRITTEN APPROVAL WILL NOT BE REIMBURSED. SECTION 3: Submittal Requirements Submissions should be submitted in the order presented: 1. Identify the Consultant team that will be involved in this project. Include a narrative describing the team’s combined qualifications and strengths. Clearly identify the project manager, specify the role of subcontractors and describe the team’s structure for leadership, support and accountability. Each individual with time on the project should be identified, their qualifications outlined and their role defined whether they work for the lead firm or a subcontractor. 2. Provide a narrative proposal of the approach and techniques the applicant will use to complete the entire scope of services. The approach should be organized into three sections: Phase 1, Phase 2, and Optional scope elements. The proposal must include a clear and concise work plan 15 RFP 268 Resilience Improvement Plan that outlines tasks for achieving the requirements and objectives of both Phases and each of the optional scope elements and preparing the proposed deliverables. The approach for Phase 1 and Phase 2 must meet the minimum requirements outlined in current and future PROTECT Program guidance. The approach must also discuss how it will address equity and stakeholder engagement throughout all Phases and optional elements. Refer to the discussion of phases, equity, stakeholder engagement, and optional scope elements in Section 2 of this RFP to identify specific components and deliverables that CMAP expects to be delineated in the proposal. Each section (Phase 1, Phase 2, and Optional scope elements) must also be accompanied by an estimate of the cost and Consultant staffing requirements and timeline for completion for that specific section, broken down by task. 3. Provide at least three examples of similar work that the Consultant has completed. Specify the client, the date completed and the approximate cost of each example. Provide references for each project including the individual contact name and phone number of project managers who are willing and able to comment on the proposed project manager’s ability to produce a quality professional product on time and within budget. 4. Submit the “Price Proposal Form,” Attachment 1 (printed and Excel file), with all proposed pricing for this project. Complete one matrix for each Phase and each optional element and provide a breakdown of costs by task. Specify number of hours, hourly rates for relevant staff with the individuals identified, and any other expenses in the estimation of cost. 5. Sign and submit the “Certificate Regarding Workers’ Compensation Insurance,” Attachment 2, the “Information to be provided by Bidder,” Attachment 3, and “FTA Certification Regarding Lobbying” Attachment 4 and 4. A copy of the firms’ SAMS.gov CAGE Code Report. 6. A copy of the firms’ SAMS.gov CAGE Code Report. Submission of Proposals Proposals must be submitted to CMAP no later than 3:00 p.m. on Thursday November 10, 2022. Please email your proposals to pdubernat@cmap.illinois.gov. There will be no public opening for this RFP. Late submissions will be rejected. Questions may be referred to Penny DuBernat at pdubernat@cmap.illinois.gov. SECTION 4: Contractual Agreement and Rights Contractual Agreement The contract CMAP anticipates awarding as a result of this RFP and subsequent rate submissions and negotiations, if any, will indicate the service requirements, time periods involved and applicable hourly rates. In addition, it will include the General Provisions, Section 5 hereto, and Special Provisions, Section 6 hereto, which will apply to the contract. Reservation of Rights CMAP reserves the following rights if using them will be more advantageous to CMAP: 1) Withdraw this RFP at any time without prior notice mailto:pdubernat@cmap.illinois.gov mailto:pdubernat@cmap.illinois.gov 16 RFP 268 Resilience Improvement Plan 2) Accept or reject any and all submissions, or any item or part thereof 3) Postpone qualifications due date 4) Not award a contract to any submitter responding to this RFP 5) Award a contract without negotiations or discussions SECTION 5: General Provisions The following provisions apply to the solicitation to which this section is attached and to any contract that results from the solicitation. Signatories of this Agreement certify that these conditions and procedures and terms and the conditions and procedures specific to this project will be adhered to unless amended in writing. 1) Complete Agreement. a) This Agreement (which also may be herein referred to as "Contract"), including all exhibits and other documents incorporated or referenced in the agreement, constitutes the complete and exclusive statement of the terms and conditions of the agreement between CMAP and Contractor and it supersedes all prior representations, understandings and communications. The invalidity in whole or in part of any term or condition of this Agreement shall not affect the validity of other terms or conditions. b) Order of Precedence: Conflicting provisions hereof, if any, shall prevail in the following descending order of precedence: (1) the provisions of the executed contract, including its exhibits; (2) the provisions of the RFP on which the contract is based including any and all Addendums; (3) the proposal submitted to CMAP by the Contractor in response to said RFP; and (4) any other documents cited or incorporated herein by reference. c) CMAP’s failure to insist in any one or more instances upon the performance of any terms or conditions of this Agreement shall not be construed as a waiver or relinquishment of CMAP’s right to such performance by the Contractor or to future performance of such terms or conditions and Contractor’s obligation in respect thereto shall continue in full force and effect. Contractor shall be responsible for having taken steps reasonably necessary to ascertain the nature and location of the work, and the general and local conditions that can affect the work or the cost thereof. Any failure by the Contractor to do so will not relieve it from responsibility for successfully performing the work without additional expense to CMAP. d) CMAP assumes no responsibility for any understanding or representations made by any of its officers, employees or agents prior to the execution of this Agreement, unless such understanding or representations by CMAP are expressly stated in this Agreement. e) Changes: CMAP may from time to time order work suspension or make any change in the general scope of this Agreement including, but not limited to changes, as applicable, in the drawings, specifications, delivery schedules or any other particulars of the description, statement of work or provisions of this Agreement. If any such change causes an increase or decrease in the cost or time required for performance of any part of the work under this Agreement, the Contractor shall promptly notify CMAP thereof and assert its claim for adjustment within thirty (30) days after the change is ordered. A written amendment will be prepared for agreement between CMAP and the 17 RFP 268 Resilience Improvement Plan Contractor for changes in scope, time and/or costs. No amendments are effective until there is a written agreement that has been signed by both parties. No claim by the Contractor for equitable adjustment hereunder shall be allowed if asserted after final payment under this Agreement. f) Changes to any portion of this Agreement shall not be binding upon CMAP except when specifically confirmed in writing by an authorized representative of CMAP. g) Only the Executive Director of CMAP, or designee, shall have the authority to act for and exercise any of the rights of CMAP as set forth in this Agreement, subsequent to and in accordance with the authority granted by CMAP's Board of Directors h) For its convenience, CMAP reserves the right to extend the Term of this agreement. Any changes to the Term of this Agreement shall not be binding until specifically confirmed in writing by authorized representatives of both parties. 2) Independent Contractor. Contractor's relationship to CMAP in the performance of this Agreement is that of an independent contractor. Contractor's personnel performing work under this Agreement shall at all times be under Contractor's exclusive direction and control and shall be employees of Contractor and not employees of CMAP. Contractor 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. 3) 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 Contractor. Any successor to the Contractor’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 Contractor 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 Contractor 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. 4) Availability of Appropriation (30 ILCS 500/20-60). This Agreement is contingent upon and subject to the availability of funds. CMAP, at its sole option, may terminate or suspend this Agreement, in whole or in part, without penalty or further payment being required, if the Illinois General Assembly, the state funding source, or the federal funding source fails to make an appropriation sufficient to pay such obligation, or if funds needed are insufficient for any reason. The contractor will be notified in writing of the failure of appropriation or of a reduction or decrease. 18 RFP 268 Resilience Improvement Plan 5) Allowable Charges. No expenditures or charges shall be included in the cost of the Project and no part of the money paid to the Contractor shall be used by the Contractor 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 carrying out 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 written notice of the suspension or termination of any or all of CMAP’s obligations under this Agreement. 6) Method of Payment. Project expenditures are paid directly from federal and/or state funds. Because CMAP is responsible for obtaining federal reimbursement for project expenditures, it is necessary that CMAP monitor all procedures and documents which will be used to claim and support project-related expenditures. The following procedures should be observed to secure payment: b) Based on services performed, CONTRACTOR may submit invoices as frequently as once a month, but is required to submit invoices no later than fifteen (15) days after the end of each quarter. Failure to submit such payment request timely will render the amounts billed an unallowable cost for which the CONTRACTOR cannot be reimbursed. CMAP is committed to reducing paper use and has established an electronic invoicing system. All invoices are to be submitted through email to: accounting@cmap.illinois.gov All invoices shall be signed by an authorized representative of the CONTRACTOR c) 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 Contractor such amounts as may be approved by CMAP. Invoices shall detail expenses and amount of time spent on CMAP assignments. If an invoice is not acceptable, CMAP shall promptly provide the Contractor a written statement regarding its ineligibility or deficiencies to be eliminated prior to its acceptance and processing. All invoices for services performed and expenses incurred by CONTRACTOR for the services of this Agreement must be presented to CMAP no later than fifteen (15) days after the close of the fiscal year for multi-year contracts, or no later than fifteen (15) days after the end of this Agreement for shorter term contracts. Notwithstanding any other provision of this Agreement, CMAP shall not be obligated to make payment to CONTRACTOR on invoices presented after said date. No payments will be made for services performed prior to the effective date of this Agreement. All payments will be transferred electronically to Contractor’s business bank account. The successful Contractor will be requested to provide transfer numbers for the business bank account when the contract is finalized, in addition to a copy of its IRS W-9 (Request for Taxpayer Identification Number and Certification). d) Each invoice and report submitted must contain: the contract number, a unique vendor invoice number, a description of the services performed, the hourly rates and number of hours worked for each contractor, an itemization of travel and other costs which are chargeable to the contract and the following certification by an official authorized to legally bind the CONTRACTOR: mailto:accounting@cmap.illinois.gov 19 RFP 268 Resilience Improvement Plan By signing this payment request, I certify that to the best of my knowledge and belief that the payment request is true, complete, and accurate, and the expenditures, disbursements and cash receipts are for the purposes and objectives set forth in the terms and conditions of this contract. I am aware that any false, fictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal, civil or administrative penalties for fraud, false statements, false claims or otherwise. (U.S. Code Title 18, Section 1001 and Title 31, Sections 3729-3730 and 3801-3812). e) The Contractor is required to pay all subcontractors within thirty days of receiving payment for that portion of the work from CMAP. Failure to pay subcontractors within thirty days may jeopardize future CMAP contract awards. 7) Conflict of Interest. In order to avoid any potential conflict of interest, the Contractor agrees during the term of this Agreement not to undertake any activities which could conflict directly or indirectly with the interest of CMAP. Contractor shall immediately advise CMAP of any such conflict of interest. CMAP shall make the ultimate determination as to whether a conflict of interest exists. 8) Audits. The records and supportive documentation for all completed projects are subject to an on-site audit by CMAP. CMAP reserves the right to inspect and review, during normal working hours, the work papers of the CONTRACTOR in support of their invoices. 9) Access to Records. a. The Contractor and its Subcontractor, 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 CONTRACTOR 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: i. 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. ii. Records for nonexpendable property acquired with federal funds shall be retained for three (3) years after its final disposition. The CONTRACTOR shall include a provision in all of its subcontracts, if any, such provisions. 10) Subcontracts. a. Any subcontractors or outside associates or contractors required by the Contractor in connection with the services covered by this Agreement will be limited to such individuals or firms as were specifically identified and agreed to during negotiations. Any substitutions in or additions to such subcontractors, associates or contractors will be subject to the prior approval of CMAP. 20 RFP 268 Resilience Improvement Plan b. All subcontracts for work under this Agreement shall contain those applicable provisions which are required in this Agreement. c. The Contractor may not subcontract services agreed to under this Agreement without prior written approval of CMAP. 11) Equipment Inventory. An inventory of non-expendable personal property having a useful life of more than two years and an acquisition cost of $500 or more is subject to periodic inspection by CMAP. 12) Suspension. If the CONTRACTOR fails to comply with the special conditions and/or the general terms and conditions of this Agreement, CMAP may, after written notice to the CONTRACTOR, suspend the Agreement and withhold further payments or prohibit the CONTRACTOR from incurring additional obligations of funds pending corrective action by the CONTRACTOR. If corrective action has not been completed within sixty (60) calendar days after service of written notice of suspension, CMAP shall notify the CONTRACTOR in writing that the Agreement has been terminated by reason of default in accordance with paragraph 14 hereof. CMAP may determine to allow such necessary and proper costs which the CONTRACTOR could not reasonably avoid during the period of suspension provided such costs meet the provisions of the U.S. Office Management and Budget 2 CFR 200 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 (hereinafter termed “Termination for Convenience”), provided that the CONTRACTOR 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 CONTRACTOR at the time of termination may be adjusted to the extent of any additional costs occasioned to CMAP by reason of the CONTRACTOR’S default. If Termination by Default is effected by the CONTRACTOR, 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 CONTRACTOR for services rendered and expenses incurred prior to termination, in addition CMAP may include cost reasonably incurred by the CONTRACTOR relating to commitments which had become firm prior to termination. d. Upon notice of termination action pursuant to paragraphs (a) or (b) of this clause, the CONTRACTOR shall (i) promptly discontinue all services affected (unless the notice directs 21 RFP 268 Resilience Improvement Plan otherwise) and (ii) deliver or otherwise make available to CMAP all data, drawings, specifications, reports, estimates, summaries and such other information and materials as may have been accumulated by the CONTRACTOR in performing this Agreement, whether completed or in 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 CONTRACTOR 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) Patents and Copyright Responsibility. a. The Contractor agrees that any material or design specified by the Contractor or supplied by the Contractor pursuant to this Agreement shall not infringe any patent or copyright and the Contractor shall be solely responsible for securing any necessary licenses required for patented or copyrighted material used by the Contractor. 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 Contractor’s promise as contained in paragraph a of this clause, the Contractor shall save harmless and indemnify CMAP from all loss, damage or expense (including attorney’s fees) due to defending CMAP from such claim. a. 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 Contractor shall include provisions appropriate to effectuate the purpose of this condition in all subcontracts under this Agreement involving research, developmental, experimental or demonstration work. c. Remedies. Except as may be otherwise provided in this Agreement, all claims, counterclaims, disputes and other matters in question between CMAP and the CONTRACTOR 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. d. Ownership of Documents/Title of Work. All documents, data and records produced by the Contractor in carrying out the Contractor’s obligations and services hereunder, without limitation and whether preliminary or final, shall become and remain the property of CMAP. CMAP shall have the right to use all such documents, data and records without restriction or limitation and without 22 RFP 268 Resilience Improvement Plan additional compensation to the Contractor. All documents, data and records utilized in performing research shall be available for examination by CMAP upon request. Upon completion of the services hereunder or at the termination of this Agreement, all such documents, data and records shall, at the option of CMAP, be appropriately arranged, indexed and delivered to CMAP by the Contractor. e. Software. All software, related computer programs, and source code produced and developed by the Contractor (or authorized contractor or subcontractor thereof) in carrying out the Contractor’s obligation hereunder, without limitation and whether preliminary or final, shall become and remain the property of both CMAP and the Contractor. CMAP shall be free to sell, give, offer or otherwise provide said software and related computer programs to any other agency, department, commission, or board of the State of Illinois, as well as any other agency, department, commission, board, or other governmental entity of any country, state, county, municipality, or any other unit of local government or to any entity consisting of representative of any unit of government, for official use by said entity. Additionally, CMAP shall be free to offer or otherwise provide said software and related computer programs to any current or future contractor. CMAP agrees that any entity to whom the software and related computer programs will be given, sold or otherwise offered shall be granted only a use license, limited to use for official or authorized purposes, and said entity shall otherwise be prohibited from selling, giving or otherwise offering said software and related computer programs without the written consent of both CMAP and the Contractor. 15) 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 Contractor shall include provisions appropriate to effectuate the purpose of this clause in all subcontracts for work under this Agreement. 16) Confidentiality Clause. Any documents, data, records, or other information given to or prepared by the CONTRACTOR pursuant to this Agreement shall not be made available to any individual or organization without prior written approval by CMAP. All information secured by the Contractor from CMAP in connection with the performance of services pursuant to this Agreement shall be kept confidential unless disclosure of such information is approved in writing by CMAP. 17) Reporting/Consultation. The Contractor shall consult with and keep CMAP fully informed as to the progress of all matters covered by this Agreement. 18) Identification of Documents. All reports, maps, and other documents completed as part of this Agreement, other than documents exclusively for internal use within the Contractor’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 Contractor. "This material was prepared in consultation with CMAP, the Chicago Metropolitan Agency for Planning, (http://www.cmap.illinois.gov)." 19) 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 23 RFP 268 Resilience Improvement Plan 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. 20) Hold Harmless and Indemnity. Neither Party shall be liable for actions chargeable to the other party under this agreement including but not limited to, the negligent acts and omissions of the Party’s agents, employees or subcontractors in performance of their duties as described under this agreement, unless such liability is imposed by law. This agreement shall not be constructed as seeking to enlarge or diminish any obligation of duty owed by one Party against the other or against a third party. SECTION 6: Certifications Federally Funded Agreements 1) Standard Assurances. The Contractor 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 Contractor recognizes that federal laws, regulations, policies, and administrative practices may be modified from time to time and those modifications may affect project implementation. All contracts, whether funded in whole or in part with either Federal or State funds, are subject to Federal requirements and regulations, including but not limited to 2 CFR Part 200, 44 Ill. Admin. Code 7000.30(b) and the Financial Management Standards in Paragraph 7.9. 2) Control of Property. The Contractor certifies that the control, utilization and disposition of property or equipment acquired using federal funds is maintained according to the provisions of 2 CFR Part 200, Subpart D, Property Standards. 3) Cost Principles The Contractor certifies that the cost principles and indirect cost proposals of this Agreement are consistent with 2 CFR Part 200, Subpart E, and Appendix VII to Part 200, and all costs included in this Agreement are allowable under 2 CFR Part 200, Subpart E. 4) Audit Requirements. The CONTRACTOR shall be subject to the audit requirements contained in the Single Audit Act Amendments of 1996 (31 USC 7501-7507) and Subpart F of 2 CFR Part 200, and the audit rules set forth by the Governor’s Office of Management and Budget. See 30 ILCS 708/65(c). a. Audit required. A non-Federal entity that expends $750,000 or more during the non-Federal entity's fiscal year in Federal awards must have a single or program-specific audit conducted for that year. b. Single audit. If A non-Federal entity expends $750,000 or more in Federal Awards (direct federal and federal pass-through awards combined) during its fiscal year, it must have a single audit or program-specific audit conducted for that year as required in 2 CFR 200.501 and other applicable sections of Subpart F. The audit and reporting package (including data collection 24 RFP 268 Resilience Improvement Plan form) must be completed as described in 2 CFR 200.512 (single audit) or 2 CFR 200.507 (Program-specific audit). The audit (and package) must be submitted to Grantor either within (i) 30 calendar days after receipt of the auditor’s report(s) or (ii) nine months after the end of the audit period, whichever is earlier. c. Financial Statement Audit. A non-Federal entity that expends less than $750,000 in Federal Awards during its fiscal year and is not subject to the audit requirements in 15.2, but receives between $300,000 and $499,999 in Federal and State Awards combined, Grantee must have a financial statement audit conducted in accordance with Generally Accepted Auditing Standards(GAAS); if Grantee expends between $500,000 and $749,999 in Federal and State awards combined, Grantee must have a financial statement audit conducted in accordance with Generally Accepted Government Auditing Standards (GAGAS). Grantee shall submit these financial statement audit reports to Grantor either within (i) 30 calendar days after receipt of the auditor’s report(s) or (ii) 180 calendar days after the end of the audit period, whichever is earlier. d. Performance Audits. For those organizations required to submit an independent audit report, the audit is to be conducted by the Illinois Auditor General, or a Certified Public Accountant or Certified Public Accounting Firm licensed in the State of Illinois. For audits required to be performed subject to Generally Accepted Government Auditing Standards, Grantee shall request and maintain on file a copy of the auditor’s most recent peer review report and acceptance letter. 5) 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.” a. In accordance with 23 U.S.C. 517(d), as amended by the Moving Ahead for Progress in the 21st Century Act (MAP-21), the Contractor 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 undertakes financed with Highway Trust Funds (including funds from the mass transit account) or funds made available for the Intelligent Transportation Systems Program. b. 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 23 U.S.C. 517(d), the Contractor 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. 25 RFP 268 Resilience Improvement Plan 6) Davis-Bacon Act. To the extent applicable, the Contractor 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. 7) Certifications and Assurances Required by the U.S. Office of Management and Budget (OMB) (SF-424B and SF-424D). As required by OMB, the Contractor certifies that it: a. Has the legal authority and the institutional, managerial, and financial capability to ensure proper planning, management, and completion of the project. b. 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; c. 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; d. Will initiate and complete the work within the applicable project time periods; e. Will comply with all applicable Federal statutes relating to nondiscrimination including, but not limited to: i) Title VI of the Civil Rights Act, 42 U.S.C. 2000d, which prohibits discrimination on the basis of race, color, or national origin; ii) 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; iii) Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. 794, which prohibits discrimination on the basis of handicap; iv) The Age Discrimination Act of 1975, as amended, 42 U.S.C. 6101 through 6107, which prohibits discrimination on the basis of age; v) 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; vi) 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; vii) 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; viii) 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; ix) Any other nondiscrimination provisions in the specific statutes under which 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 26 RFP 268 Resilience Improvement Plan participation of disadvantaged business enterprises in FTA programs; and f. Any other nondiscrimination statute(s) that may apply to the project. i) The prohibitions against discrimination on the basis of disability, as provided in the Americans with Disabilities Act of 1990, as amended, 42 U.S.C. 12101 et seq. g. Will comply with all federal environmental standards applicable to the project, including but not limited to: i) Institution of environmental quality control measures under the National Environmental Policy Act of 1969 and Executive Order 11514; ii) Notification of violating facilities pursuant to Executive Order 11738; iii) Protection of wetlands pursuant to Executive Order 11990; iv) Evaluation of flood hazards in floodplains in accordance with Executive Order 11988; v) 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.; vi) 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.; vii) Protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended; viii) Protection of endangered species under the Endangered Species Act of 1973, as amended; ix) Contractor will comply with the environmental protections for Federal transportation programs, including, but not limited to, protections for parks, recreation areas, or wildlife or waterfowl refuges of national, State, or local significance or any land from a historic site of national, State, or local significance to be used in a transportation Project, as required by 49 U.S.C. 303 (also known as “Section 4f”); x) 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; and Environmental impact and related procedures pursuant to 23 C.F.R. Part 771. 8) Will comply with all other federal statutes applicable to the project, including but not limited to: a. As provided by the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (Uniform Relocation Act), 42 U.S.C. 4601 et seq., and 49 U.S.C. 5323(b), regardless of whether Federal funding has been provided for any of the real property acquired for Project purposes, Contractor: i) will provide for fair and equitable treatment of any displaced persons, or any persons whose property is acquired as a result of federally-funded programs, ii) has the necessary legal authority under State and local laws and regulations to comply with: The Uniform Relocation Act. 42 U.S.C. 4601 et seq., as specified by 42 U.S.C. 4630 and 4655, and U.S. DOT regulations, “Uniform Relocation Assistance and Real Property Acquisition for Federal and Federally Assisted Programs,” 49 CFR part 24, specifically 49 CFR 24.4, and iii) has complied with or will comply with the Uniform Relocation Act and implementing U.S. DOT regulations because: iv) will adequately inform each affected person of the benefits, policies, and procedures provided for in 49 CFR part 24, v) As required by 42 U.S.C. 4622, 4623, and 4624, and 49 CFR part 24, if an FTA-funded Project results in displacement, it will provide fair and reasonable relocation payments and assistance to: 1. Displaced families or individuals, and 2. Displaced corporations, associations, or partnerships, 27 RFP 268 Resilience Improvement Plan vi) As provided by 42 U.S.C. 4625 and 49 CFR part 24, it will provide relocation assistance programs offering the services described in the U.S. DOT regulations to such: 1. Displaced families and individuals, and 2. Displaced corporations, associations, or partnerships, vii) As required by 42 U.S.C. 4625(c)(3), within a reasonable time before displacement, it will make available comparable replacement dwellings to families and individuals, viii) Contractor: 1. Carry out the relocation process to provide displaced persons with uniform and consistent services, and 2. Make available replacement housing in the same range of choices with respect to such housing to all displaced persons regardless of race, color, religion, or national origin, ix) It will be guided by the real property acquisition policies of 42 U.S.C. 4651 and 4652, xi) will pay or reimburse property owners for their necessary expenses as specified in 42 U.S.C. 4653 and 4654, understanding that FTA will provide Federal funding for its eligible costs for providing payments for those expenses, as required by 42 U.S.C. 4631, xii) will execute the necessary implementing amendments to FTA-funded third party contracts and subagreements, xiii) will execute, furnish, and be bound by such additional documents as FTA may determine necessary to effectuate or implement these assurances, xiv) will incorporate these assurances by reference into and make them a part of any third party contract or subagreement, or any amendments thereto, relating to any FTA-funded Project involving relocation or land acquisition, and xv) will provide in any affected document that these relocation and land acquisition provisions must supersede any conflicting provisions; (1) The Hatch Act, 5 U.S.C. 1501 – 1508, 7324 – 7326, which limits the political activities of State and local agencies and their officers and employees whose primary employment activities are financed in whole or part with Federal funds, including a Federal Loan, Grant Agreement, or Cooperative Agreement, and (2) 49 U.S.C. 5323(l)(2) and 23 U.S.C. 142(g), which provide an exception from Hatch Act restrictions for a nonsupervisory employee of a public transportation system (or of any other agency or entity performing related functions) receiving FTA funding appropriated or made available for 49 U.S.C. chapter 53 and 23 U.S.C. 142(a)(2) to whom the Hatch Act does not otherwise apply, xi) The Flood Disaster Protection Act of 1973, which requires the purchase of flood insurance in certain instances; xii) Section 106 of the National Historic Preservation Act of 1966, as amended, 16 U.S.C. 470; xiii) Executive Order 11593, which relates to identification and protection of historic properties; xiv) The Archaeological and Historic Preservation Act of 1974, 16 U.S.C. 469a-1 et seq.; xv) 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; xvi) 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; xvii) The Single Audit Act Amendments of 1996 and OMB Circular No. A-133, “Audits of States, Local Governments, and Non-Profit Organizations”; and xviii) Use of parks, recreation areas, wildlife and waterfowl refuges, and historic sites pursuant to 23 C.F.R. Part 774 (Section 4(f) requirements); and 28 RFP 268 Resilience Improvement Plan b. Contractor will, to the extent applicable, comply with the protections for human subjects involved in research, development, and related activities supported by Federal funding of: (1) The National Research Act, as amended, 42 U.S.C. 289 et seq., and (2) U.S. DOT regulations, “Protection of Human Subjects,” 49 CFR part 11. 9) Energy Conservation. To the extent applicable, the Contractor 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. 10 Eligibility For Employment In The United States. The Contractor shall complete and keep on file, as appropriate, Immigration and Naturalization Service Employment Eligibility Forms (I-9). These forms shall be used by the Contractor to verify that persons employed by the Contractor are eligible to work in the United States. 11) Buy America. As set forth in 49 U.S.C 5323(j) and 49 C.F.R. Part 661, 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. 12) False Or Fraudulent Statements Or Claims. The CONTRACTOR acknowledges that if it makes a false, fictitious, or fraudulent claim, statement, submission, or certification to CMAP in connection with this Agreement, CMAP reserves the right to impose on the Contractor the penalties of 18 U.S.C. Section 1001, 31 U.S.C. Section 3801, and 49 CFR Part 31, as CMAP may deem appropriate. Contractor agrees to include this clause in all state and federal assisted contracts and subcontracts. 13) Changed Conditions Affecting Performance. The CONTRACTOR 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. 14) Third Party Disputes Or Breaches. The CONTRACTOR 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 Contractor. The Contractor will notify FTA or U.S. DOT and the CMAP of any current or prospective major dispute pertaining to a third party contract. If the Contractor seeks to name CMAP as a party to the litigation, the Contractor agrees to inform both FTA or U.S. DOT and CMAP before doing so. CMAP retains a right to a proportionate share of any proceeds derived 29 RFP 268 Resilience Improvement Plan from any third party recovery. Unless permitted otherwise by the CMAP, the Contractor 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 the CMAP’s immunity to suit. 15) Fly America. The CONTRACTOR 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. 16) Non-Waiver. The CONTRACTOR 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 as a waiver by CMAP of any breach by the Contractor of any terms of this Agreement or any default on the part of the Contractor 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. 17) Preference for Recycled Products. To the extent applicable, the Contractor agrees to give preference to the purchase of recycled products for use in this Agreement 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. 18) Cargo Preference. Use of United States Flag Vessels. The Contractor 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 this Agreement. 19) Performance measurement. The Contractor must relate financial data of this AGREEMENT to its performance accomplishments. Further, the Contractor must also provide cost information or a budget in Part 6 to demonstrate cost effective practices pursuant to 2 CFR Part 200.301. 20) Project closeout. Pursuant to CFR Part 200.343 thru 200.345, the Contractor must submit the required project deliverables, performance and financial reports, and all eligible incurred costs as specified in Parts 5 and 6, respectively, of this AGREEMENT no later than 90 days after the AGREEMENT’s end date. Further, the Contractor agrees that the project should then be closed no later than 360 days after receipt and acceptance by CMAP of all required final reports. 21) Certification Regarding Annual Fiscal Reports or Payment Vouchers. The Contractor agrees to comply with 2 CFR Part 200.415(a) as follows: To assure that expenditures are proper and in accordance with the terms and conditions of the Federal award and approved project budgets, the annual and final fiscal reports or vouchers requesting payment under the agreements must include a certification, signed by an official who is authorized to legally bind the Contractor, 30 RFP 268 Resilience Improvement Plan which reads as follows: “By signing this report, I certify to the best of my knowledge and belief that the report is true, complete, and accurate, and the expenditures, disbursements and cash receipts are for the purposes and objectives set forth in the terms and conditions of the Federal award. I am aware that any false, fictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal, civil or administra