HomeMy WebLinkAbout7985RESOLUTION NO. 7985
A RESOLUTION APPROVING AN AGREEMENT BETWEEN
THE PUEBLO AREA COUNCIL OF GOVERNMENTS AND THE
CITY OF PUEBLO, A MUNICIPAL CORPORATION, FOR
TRANSPORTATION PLANNING AND IMPROVEMENT
SERVICES, AND AUTHORIZING THE PRESIDENT OF THE
COUNCIL TO EXECUTE SAME
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that:
SECTION 1
The Agreement For Transportation Planning and Improvement Services dated January 1,
1996, between The Pueblo Area Council of Governments ( "PACOG ") and the City of Pueblo, a
Municipal Corporation, ( "the Agreement ") to provide certain transportation and planning services,
a copy of which is attached and incorporated, having been approved as to form by the City Attorney,
is hereby approved.
SECTION 2
The President of the City Council is hereby authorized to execute the Agreement on behalf
of Pueblo, a Municipal Corporation, and the City Clerk shall affix the Seal of the City thereto and
attest same.
ATTEST:
City Clerk
INTRODUCED: November 11, 1996
By John Verna
Councilperson
: ":IANI7
Pres' ent of the City Council
J: \CITY\COG \SUBAGREE\RE S OLUTI. WPD
Rev. 10/11/96
AGREEMENT FOR TRANSPORTATION PLANNING AND IMPROVEMENT
SERVICES
TI -HS AGREEMENT ( "Agreement ") is made and entered into this 1 st day of January, 1996, by and between the
Pueblo Area Council of Governments, hereinafter referred to as " PACOG" and the City of Pueblo, a Municipal
Corporation, hereinafter referred to as the "City ".
WITNESSETH THAT:
WHEREAS, the PACOG serves as the Metropolitan Planning Organization for Pueblo County and is eligible
to receive planning and transportation finds for the urbanized area within Pueblo County; and
WI-IE the PACOG has entered into one or more agreements with the State of Colorado and /or the U.S.
Department of "Transportation for transportation planning and improvement projects whereby funding may be made
available to the PACOG under provisions of said agreements, the Intermodal Surface Transportation Efficiency Act of
1991, Federal Transit Act, as amended, and other laws; and
WHEREAS, the Cit has the authority, capacity, and ability to undertake transportation planning and
improvement projects; and
WIIEREAS, the PACOG desires to contract with City to provide the services, activities and project execution
required of PACOG under the aforesaid agreements and laws through the City's Department of Transportation and others;
NOW, THEREFORE, in consideration of the foregoing recitals and the terms and conditions set forth herein,
the parties hereto do mutually agree as follows:
SCOPE, OF SERVICES: RESPONSIBILITIES OF CITY.
(a) City agrees to satisfactorily perform and complete, using its own employees or consultants or
contractors, the planning services and items of work, and furnish all labor and materials encompassed within or reasonably
necessary to accomplish the tasks and functions described in the Scope of Services attached hereto as Exhibit "A" and
incorporated herein by reference, in full compliance with all provisions of this Agreement.
(b) City represents that it: (i) has the requisite authority and capacity to perform the services and work
contemplated in Exhibit "A"; (ii) that it is a home rule city and political subdivision of the State of Colorado; and (iii) that
it is fully aware of and understands its duty to perform all functions and services in accordance with the regulatory
requirements set forth in 23 CFR Parts 420 and 450 and 49 CFR Part 18 and those identified in Exhibit "C" hereto.
RESPONSIBILITIES OF THE PACOG.
The PACOG shall designate a representative of the PACOG who will be authorized to make all necessary
decisions required of the PACOG on behalf of the PACOG in connection with the performance of this Agreement and
the disbursement of funds in connection with the program. In the absence of such a designation, the City Manager and
the Pueblo County Attorney, acting jointly, shall be deemed as PACOG's authorized representative.
CITY'S COMPENSATION AND METHOD OF PAYMENT.
(a) The PACOG will pay to City an amount up to that specified in subparagraph (c) of this paragraph as
full compensation for all services and work to be performed or undertaken by City under this Agreement which is within
the Scope of Services. Payment of funds to City is subject to the following requirements, which shall be conditions
precedent to payment: (i) that City has expended staff time for eligible activities or has obligated or expended finds for
eligible approved expenditures, (ii) that City is not in default of any material provision of this Agreement nor applicable
law or regulation, (iii) that City has submitted requests for payment or reimbursement detailing the eligible payment or
reimbursement items, (iv) that, if required by the terms or conditions of an applicable fmaneial assistance agreement, City
has certified with each payment or reimbursement request compliance with the requirements identified in Exhibit "C" and
that all staff time and obligations or expenditures for which payment is sought were made for and in furtherance of an
approved project or work and are an eligible use of assistance under the law and regulations applicable to such assistance,
and (v) that PACOG has timely received from the Colorado Department of Transportation sufficient funds to make the
payment or reimbursement hereunder.
(b) Payment hereunder is also subject to and may only be disbursed in accordance with applicable
regulations including but not limited to those contained in Exhibit C hereto and those set forth in 49 CFR Part 18, as
presently promulgated and as sane may be revised from time to time iii the future, all other terms of this Agreement, and
any special provisions in the Scope of Services.
(c) PACOG shall pay to City for services covered by the Scope of Services - Exhibit "A ", a sum not to
exceed $130,972.00, computed in accordance with the budget and rates set forth in Exhibit "B" attached hereto.
(d) In the event PACOG requests or authorizes work beyond or in addition to that set forth in the Scope
of Services - Exhibit "A ", PACOG shall pay additional compensation to City. The amount of such additional
compensation shall be negotiated, but in the event the parties fail to negotiate or are unable to agree regarding
compensation, City shall be compensated for staff time and its costs at the rates set forth in Exhibit "B" and for the work
of subcontractors and consultants in an amount equal to the reasonable actual cost to City.
4. TERM OF AGREEMENT.
The tern of this Agreement shall be from January 1, 1996 to December 31, 1996 unless sooner terminated as
herein provided.
5. TERMINATION OF AGREEMENT.
(a) For Cause Thus Agreement may be terminated by PACOG for cause, including any nonperformance
by the City, upon thirty (30) days written notice to City including a statement of the reasons therefor, and alter an
opportunity for a hearing has been afforded. If a hearing is requested, it shall be held before the PACOG's governing
body at a regular or special meeting of same whose decision shall be final. "If ►c determination of the PACOG as to the
cause of termination and the appropriateness thereof shall be final and binding upon both PACOG and City. Cause for
termination shall mean any material failure by City to comply with any tern of this Agreement.
(b) For Convenience This Agreement may be terminated for convenience in accordance with the
provisions of 49 CFR § 18.44. This Agreement shall automatically terminate at the end of its term as well as in the event
of any suspension, reduction or non - receipt of the financial assistance or grant funds by PACOG.
(c) Post Termination Procedures In file event of termination, City shall cease further work and the City
shall be entitled to receive just and equitable compensation for satisfactory work performed through the date of termination
for which compensation has not previously been paid nor reimbursement made.
6. ASSIGNABILITY
This Agreement shall not be assigned or transferred by either party without the prior written consent of the other
party. Any assignment or attempted assignment made in violation of this provision shall, at the non- assigning party's
election, be deemed void and of no effect whatsoever.
7. CONFLICT OF INTEREST.
The City certifies that neither it nor any members of its City Council, officers or employees has or will derive
any personal or financial interest or benefit from the activity or activities assisted pursuant to this Agreement, nor has an
interest in any contract, subcontract or agreement with respect thereto, nor the proceeds thereunder, either for themselves
or for those with whom they have family or business ties, during their tenure and for one year thereafter. City shall avoid
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all conflicts of interest which are prohibited by applicable federal regulations, if any, including but not limited to those
set forth in 49 CFR § 18.36(b)(3) as presently promulgated and as same may be revised from time to time in the future.
8. CITY RECORDS.
City shall maintain records as to services provided, and reimbursable expenses incurred in performing the Scope
of Services and complete accounting records. Accounting records shall be kept on a generally recognized accounting basis
and as requested by the PACOG's auditor. The City agrees to comply with all applicable uniform administrative
requirements described or referenced in applicable state or federal regulations, including those set forth in attached as
Exhibit "C" hereto which are made a part of this Agreement. The PACOG, the Colorado Department of Transportation,
the Comptroller General of the United States, the Inspector General of the U.S. Department of Transportation, and any
of their authorized representatives, shall have the right to inspect and copy, during reasonable business hours, all books,
documents, papers and records of the City which relate to this Agreement for (lie purpose of making an audit or
examination. Upon completion of the work and end of the term of this Agreement, the PACOG may require that a copy
of all of City's financial records relating to this Agreement to be turned over to PACOG.
MONITORING AND EVALUATION.
The PACOG shall have the right to monitor and evaluate the progress and performance of the City to assure that
the terms of this Agreement are being satisfactorily fulfilled in accordance with I- IUD's, PACOG's and other applicable
monitoring wind evaluation criteria and standards. The PACOG may quarterly review the City's performance using on -site
visits, progress reports required to be submitted by the City, audit findings, disbursement transactions and contact with
the City as necessary. If requested, the City shall furnish to the PACOG quarterly program and financial reports of its
activities in such form and manner as may be requested by the PACOG. City shall fully cooperate with PACOG relating
to such monitoring and evaluation.
10. CITY FILES AND INFORMATION REPORTS
The City shall maintain files containing information which shall clearly document all activities performed in
conjunction with this Agreement, including, but not limited to, financial transactions, conformance with assurances,
activity reports, and program income, if any. These records shall be retained by the City for a period of three years after
the completion of the work on project.
11. IND EPENDENCE, OF CITY.
Nothing herein contained nor the relationship of City to PACOG, which relationship is expressly declared to be
that of an independent contractor, shall make or be construed to make City or any of City's agents or employees the agents
or employees of the PACOG. City shall be solely and entirely responsible for its acts and the acts of its agents, employees
and subcontractors.
12. LIABILITY, INSURANCE
As to the PACOG, City agrees to assume the risk of all personal injury, including death and bodily injury, and
damage to and destruction of property, including loss of use therefrom, caused by or sustained, in whole or in part, in
conjunction with or arising out of the performance or nonperformance of this Agreement by City or by the conditions
created thereby; provided, however, that nothing in this paragraph is intended, nor should it be construed, to create or
extend any rights, claims or benefits or assume any liability for or on behalf of any third party, or to waive any immunities
or limitations otherwise conferred under or by virtue of federal or state law, including but not limited to the Colorado
Governmental Immunity Act, C.R.S. §24 -10 -101, et. seq. City shall provide and maintain Workers' Compensation
insurance coverage or self insurance on its employees complying with the requirements of State law.
13. SPECIAL REQUIREMENTS APPLICABLE TO IMPROVEMENTS TO PROPERTY
(a) In addition to all procurement requirements otherwise applicable to City pursuant to any other provision
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of this Agreement or pursuant to any requirement of law or regulation incorporated in this Agreement by reference, if any
portion of the funds provided to City under this Agreement is to be used for making improvements to real property,
including new construction, rehabilitation, or remodeling, then in such event City shall comply with all requirements of
this Paragraph 13.
(b) No improvements shall be undertaken to real property with funds (or reimbursement) provided
hereunder unless and until: (i) plans and specifications therefor have been prepared by either a registered Professional
Engineer in good standing and duly licensed to practice in the State of Colorado or an Architect duly licensed and
authorized to conduct a practice of architecture in the state of Colorado; and (ii) all construction contracts for
improvements for which payment is sought from PACOG shall have been awarded only after an open, competitive
bidding process which allows qualified contractors to reasonably participate.
(c) If this Paragraph 13 is applicable, no disbursement of funds to City shall be made by PACOG hereunder
unless and until all conditions precedent to payment specified elsewhere in this Agreement have been satisfied and City
files with PACOG's designated representative a written request for payment signed by an architect, engineer, or an officer
of City that certifies (i) that (lie amounts included in the request for payment have not been included in any prior request
for payment, and (ii) that the improvements listed therein for which payment is sought have been completed in accordance
with the approved plans and specifications therefor.
(d) In every contract for constriction of improvements for which payment or reimbursement from PACOG
is to be provided under this Agreement, City shall include a contract clause or clauses, requiring the contractor, and all
of the contractor's subcontractors of all tiers, to comply with the applicable requirements of the Davis -Bacon Act and
implementing regulations, and to pay all laborers and mechanics engaged in work upon the improvements at the prevailing
wage rates for such work as determined by the U.S. Department of Labor.
14. EQUAL EMPLOYMENT OPPORTUNITY
In connection with the performance of this Agreement, City shall not discriminate against any employee or
applicant for employment because of race, color, religion, sex, national origin, disability or age. City shall endeavor to
insure that applicants are employed, and that employees are treated during employment, without regard to their race,
religion, sex, national origin, disability or age.
15. ENTIRE AGREEMENT: AMENDMENTS.
The provisions set forth in this Agreement, and all Exhibits and attachments to this Agreement, constitute the
entire and complete agreement of the parties hereto and supersede all prior written and oral agreements, understandings
or representations related thereto. No amendment or modification of this Agreement, and no waiver of any provision of
this Agreement, shall be binding runless made in writing and executed by the duly authorized officers of both the City and
PACOG.
16. SIGNATURES The persons signing this Agreement on behalf of each party represent and warrant that such
persons and their respective party have the requisite power and authority to enter unto, execute and deliver this Agreement
and that this Agreement is a valid and legally binding obligation of such party enforceable against it in accordance with
its terns.
IN WITNESS WI IEREOF, the City and the PACOG have executed this Agreement as of the date first above
written and under the laws of the State of Colorado.
ATTEST: PUEBLO AREA COUNCIL OF GOVERNMENTS
By dja2p��
S cretary Chairnan
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ATTEST:
City Clerk
f SEAL ]
CITY OF PUEBLO,
A Municipal Corporation
B y �
Preside of the it ouncil
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EXHIBIT A
Scone of Services
WORK NUMBER: A.I.
WORK ITEM: Unified Planning Work Program (UPWP)
OBJECTIVE: To develop and describe the urban transportation
planning activities for the Pueblo Urbanized area for
FY -1997.
BUDGET: $4,000
WORK NUMBER: A.2
WORK ITEM: Annual Report
OBJECTIVE: Annual Report documenting 1995 UPWP accomplishments.
BUDGET: $1,000
WORK NUMBER: A.3
WORK ITEM: Citizen Participation
OBJECTIVE: To present projects and plans to the public and to gather
citizen input.
BUDGET: $3,000
WORK NUMBER: A.4
WORK ITEM: Professional Development
OBJECTIVE: To maintain and improve the professional capabilities of
the planning staff and remain informed about state,
regional or national transportation planning functions.
BUDGET: $3,000
WORK NUMBER:
WORK ITEM:
OBJECTIVE:
BUDGET:
A.5
Program Administration
Consistent and cooperative administration of
transportation planning activities with the Pueblo MPO.
$13,500
WORK NUMBER: B.1
WORK ITEM: Traffic Counting Program
OBJECTIVE: To maintain updated traffic count information /map
BUDGET: $ 7,000
WORK NUMBER: C.1
WORK ITEM: Transportation System Management
OBJECTIVE: Transportation studies oriented toward systems
management /Manuel on Uniform Traffic Control Devices
compliance.
BUDGET: $10,000
WORK NUMBER: C.2
WORK ITEM: Long -Range Transportation Planning (2015).
OBJECTIVE: Pueblo TPR and PUA staff representation and
participation in the development of the Colorado 2015
Statewide Transportation Plan.
BUDGET: $ 5,000
WORK NUMBER: C.3
WORK ITEM:
Pedestrian Safety Program Analysis
OBJECTIVE:
To assess the performance of the pedestrian safety
program, educate community on ped right -of -way
responsibilities and reduce the number and severity of
motorist /pedestrian crashes within PUA.
BUDGET:
$10,500
WORK NUMBER:
C.4.
WORK ITEM:
Accident Monitoring Program
OBJECTIVE:
To monitor high - accident locations within the Pueblo
Urbanized Area.
BUDGET:
$ 6,000
WORK NUMBER:
C.5
WORK ITEM:
24th St. Corridor Feasibility Plan
OBJECTIVE:
To assess the feasibility of the 24th St. corridor
project (I -25 /US 50B to Pueblo West).
BUDGET:
$34,972
WORK NUMBER: C.7.
WORK ITEM: Downtown Transit Center Project- Administration
OBJECTIVE: To administer the design development /construction design
of the downtown transit center project.
BUDGET: $25,000
WORK NUMBER: D.1
WORK ITEM:
OBJECTIVE:
BUDGET:
Transportation Improvement Program
Maintain an up -to -date Transportation Improvment
Program.
$ 4,000
WORK NUMBER:
D.3
WORK ITEM:
Programming Assistance
OBJECTIVE:
To continue assistance to local groups.
BUDGET:
$ 2,000
WORK NUMBER:
E.1.
WORK ITEM:
Service
OBJECTIVE:
To provide technical data and assistance to requesting
agencies.
BUDGET:
$ 2,000
EXHIBIT B
FY 1996 UPWP PROJECT BUDGET
Direct Labor
Senior Traffic Planner
Senior Transit Planner
Partime Employees (Traffic Counting)
Direct Expenses
Professional Services
Office Supplies
Operating Supplies
Repair /Maint. of Supplies
Training /Education
Travel
Printing
Communications
Other Services
Repair /Maintenance
Total Direct Expenses
Total
$ 34,972
1,200
1,200
1,000
1,480
2,000
2,000
1,200
4,000
500
TOTAL
$ 50,585.50
22,832.75
8.001.75
$ 81,420.00
$ 49,552
$130,972
WEIGHTED
TOTAL
HOURLY
HOURS
RATE
2,086
$24.25
923
24.25
1,175
6.81
$ 34,972
1,200
1,200
1,000
1,480
2,000
2,000
1,200
4,000
500
TOTAL
$ 50,585.50
22,832.75
8.001.75
$ 81,420.00
$ 49,552
$130,972
0 - 2: 7 7
,
2586M
MEMORANDUM OF AGREEMENT
BETWEEN THE
PUEBLO AREA COUNCIL OF GOVERNMENTS AND THE STATE OF COLORADO
This Memorandum of Agreement (MOA), made this 20 ail day of &ori 1988,
by and between the STATE OF COLORADO for the use and benefit of the COLORADO
DEPARTMENT OF HIGHWAYS, herein referred to as CDOH, and the PUEBLO AREA
COUNCIL OF GOVERNMENTS hereinafter referred to as PACOG.
WITNESSETH THAT
WHEREAS, the Federal Highway Administration (FHWA) and the Urban Mass
Transportation Administration (UMTA) have established guidelines pursuant
to various Federal statutes which call for a Continuing. Comprehensive and
Cooperative Urban Transportation Planning Process to be carried out in a
manner consistent with comprehensive urban regional planning within each
urbanized area of the United States; and,
WHEREAS, the PACOG, a forum for cooperative decision making by local
elected officials, is empowered pursuant to Part 2 of Article 1, Title 29
and Article 28, of Title 30, C.R.S. 1973, as amended, to make and adopt a
Regional Plan for the physical development of the territory within its
C geographical area, including transportation and land use plans; and
nothing contained in this MOA shall be construed to abrogate or delegate
the exercise of statutory powers and duties of PACOG as the appropriate
entity under State and Federal law to review and to take action on all
matters within the scope of its statutory responsibilities; and,
WHEREAS, the Governor has designated the PACOG as the Metropolitan Planning
Organization (MPO) to assume responsibilities in accordance with Section
450.112 of the joint UMTA -FHWA Transportation Improvement Program (TIP)
Regulations, 23 C.F.R. 450.100 et. seq., in cooperation with the State
(Figure 1); and,
WHEREAS, the Colorado State Highway Commission is responsible for
formulating the general policy with respect to the supervision,
construction, and maintenance of state highways in this state, for
adopting all state highway budgets and construction priorities and
approving extensions or abandonments of the state highway system, and for
selecting or designating any highway, road, or street as part of the
Federal -Aid Interstate (FAI), Federal -Aid Primary (FAP), Federal -Aid
Secondary (FAS), Federal -Aid Urban (FAU), or Federal -Aid Primary Extension
system in order to qualify the highway, road, or street for expenditure of
Federal -Aid funds apportioned to the state, and nothing contained in this
agreement shall be construed to abrogate or delegate the exercise of the
statutory powers and duties of the Highway Commission as the appropriate
State agency under State and Federal law to review and take action on all
matters within the scope of its statutory responsibilities; and,
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EXHIBIT C ,t,•.,.
WHEREAS, the CDOH is the authorized State agency to implement State Highway
(_ Commission policy and direction and enter into all applicable contracts
and agreements with the other units of government and to take such other
actions as may be necessary to comply with Federal laws and regulations;
and,
WHEREAS, PACOG and the CDOH desire to participate in the Continuing,
Cooperative, and Comprehensive Urban Transportation Planning Process
within the Pueblo Urbanized Area; and,
WHEREAS, the Transportation Planning Process for the Pueblo Urbanizing
Area, which consists of the urbanized area and the area likely to be
urbanized in the period covered by the Long -Range element, has heretofore
been conducted under a MOA dated July 1, 1978; and,
WHEREAS, it is the joint responsibility of local, regional, and state units
of government to cooperatively conduct comprehensive urban transportation
planning within the Pueblo Urbanized Area; and,
WHEREAS, the successful implementation of the region's comprehensive plans
and programs requires the continuing cooperative effort of local,
regional, and state governments; and,
WHEREAS. Federal regulations require the Urban Transportation Planning
Process to be coordinated with the state's air quality planning and
conducted pursuant to 42 U.S.C. 1857; and,
WHEREAS, Federal regulations require the urbanized area's transportation
plans and programs to be consistent with the area's comprehensive
Long -Range land use plan, urban development objectives, and the area's
overall social, economic, environmental, system performance, and energy
conservation goals and objectives.
NOW, THEREFORE, BE IT RESOLVED THAT, the parties hereto do mutually agree as
follows:
A. PARTIES
The PACOG and the CDOH hereby agree to carry out the Continuing,
Cooperative, and Comprehensive urban transportation system planning
process for the Pueblo Urbanized Area in a manner consistent with
appropriate Federal, State, and Local regulations and guidelines.
B. APPLICABILITY
The agreement applies to the Continuing, Cooperative, and Comprehensive
Transportation Planning Process required to be carried out in the Pueblo
Urbanized Area under Title 23 U.S.C. Section 134, and 49 U.S.C. Section
1601, et seq., as amended, as implemented by the applicable regulations,
in order for the region to qualify for Federal transportation funds.
C. OBJECTIVES
The Urban Transportation Planning Process shall provide factual
information, forecasts, plans, programs and other data so that the full
value of this planning data can be utilized in the transportation
MM
development process. The Urban Transportation Planning Process shall be
( an integral part of the comprehensive planning process of the Pueblo
Urbanized Area. As such, the Urban Transportation Planning Process has
the following specific objectives:
1. To meet the urban transportation planning requirements established
by, or pursuant to, Federal statutes so as to continue to qualify
Local, Regional, and State agencies for Federal capital, planning,
maintenance and operating assistance.
2. To provide for appropriate integration of transportation planning
efforts with the other elements of comprehensive areawide planning.
3. To develop, update, and adopt transportation plans to reflect
changing conditions so that transportation facilities can be designed
to serve development objectives and meet future travel demand with a
level of service consistent with regional policies.
4. To translate these plans into action programs with priority
recommendations for improvement of transportation systems and
cooperate in the provision of necessary information for
implementation of facilities and services.
5. To maintain a transportation planning capability within the framework
of comprehensive planning activities of the PACOG in order to achieve
the above objectives and to serve the state's future highway planning
r needs.
D. PARTICIPANT RESPONSIBILITY
The PACOG as the MPO in cooperation with the State and operators of
publicly owned mass transit services will be responsible for the
operation and maintenance of the comprehensive Urban Transportation
Planning Process as described herein, and for preparing and adopting all
plans, programs, and documents of the Urban Transportation Planning
Process, as required by Federal regulations.
It shall be the responsibility of the PACOG to ensure that the necessary
activities in the Pueblo Urbanized Area involving cooperative planning
among all participating agencies are carried out in order to develop the
plans and programs in accordance with the process described in this
Agreement, and preparation of any other documents required under the
Urban Transportation Planning Process. As participants in the
cooperative Urban Transportation Planning Process, the PACOG and CDOH
shall be responsible for carrying out selected elements of this planning
process.
Participation in this planning process carries with it a commitment of
each party to:
1. Cooperatively take part in committee and other program activities
including the formulation of planning work programs;
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2. Contribute information, cooperative efforts, continuing financial
support and services as described in the Unified Planning Work
Program (UPWP) and its supplemental project Study Designs;
3. Endeavor to conduct each party's planning program in a fashion which
complements the region -wide planning process;
4. Provide, as may be authorized by law and the actions of the governing
bodies of the parties, continuing financial support for development
and maintenance of a Long -Range comprehensive urban transportation
planning capability to carry out planning activities identified in
future annual planning work programs.
E. URBAN TRANSPORTATION PLANNING PROCESS
1. Required Documents:
The comprehensive Urban Transportation Planning Process for the
Pueblo Urbanized Area shall be carried out through a series of
activities for which specifications are contained in the Unified
Planning Work Program (UPWP) and its supplemental project Study
Designs prepared by the PACOG in cooperation with CDOH. Findings and
recommendations of the Urban Transportation Planning Process are
documented in the Transportation Plan and Transportation Improvement
Program (TIP). Each of these three primary documents, which are
required by 23 CFR 450.110(b), is described below.
a. Unified Planning Work Program (UPWP)
A UPWP will be prepared annually or biannually to describe
transportation and related planning activities anticipated
during the next one or two year period. This includes planning
work to be performed with Federal planning assistance and with
funds available under Section 9 or 9A of 49 U.S.C. 1607. The
UPWP shall identify specific responsibilities, manpower
requirements, and financial requirements necessary for
accomplishment of scheduled activities.
b. Transportation Plan
The Transportation Plan shall consist of two elements which
shall be consistent with the regional land use plan. The two
elements are:
Transportation Systems Management Element (TSME) - The TSME will
identify traffic engineering, public transportation, regulatory,
pricing, management, operational, and similar measures to
provide for the efficient use of existing transportation
resources. Results obtained from implementing TSME projects
will be evaluated and reviewed annually to determine whether or
not changes to the TSME are needed.
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Long -Range Element - The Long -Range transportation and land use
plans shall be interdependent. The Long -Range element will
address Long -Range needs in terms of public policies and major
changes or additions to existing transportation facilities, by
location and mode. Significant economic, social, and
environmental impacts associated with the adopted plan and
alternatives will be described. The transportation plan shall
also describe the Long -Range forecast of the socioeconomic
parameters and land use upon which transportation forecasts are
predicated. Trends or changes in development, travel,
technology, demographic allocations, goals and objectives will
be evaluated and reviewed annually to determine whether or not
changes to the Long -Range element are needed.
c. Transportation Improvement Program (TIP)
The TIP will be a staged, five -year program of projects,
consistent with the Transportation Plan. The TIP will be
updated biannually, to maintain a program of projects for the
forthcoming five -year period. The Biannual Element, which is
the first two years of the TIP, must include a list of all
Transportation Improvement Projects proposed for implementation
during the first two program years. The comprehensive urban
transportation planning coordination procedures outlined later
in this document are to be followed in preparing the TIP on an
biannual basis.
F. ORGANIZATION AND ADMINISTRATION
1. Policy Body:
The Governor has designated the PACOG as the MPO for Pueblo County.
In its capacity as the MPO Policy Body the PACOG shall include two
non- voting representatives of the state. The state representatives
shall be designated by the Governor and serve at his pleasure. The
state representatives shall be entitled to all privileges,
responsibilities, and powers ascribed to PACOG members under the
PACOG Articles of Association, except that of voting.
The PACOG shall further be served by a policy sub - group; the
Transportation Policy Committee (TPC). The TPC will act in an
advisory capacity to the PACOG on actions assigned to MPO's by
Federal and State regulations for Urban Transportation Planning,
formulation of transportation related policies, plans, and programs
necessary to conduct the comprehensive planning process with respect
to land use, air quality management, and other selected functions for
the Pueblo Urbanized Area.
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FIGURE 1
URBAN TRANSPORTATION PLANNING PROCESS
PUEBLO URBANIZED AREA
ORGANIZATIONAL STRUCTURE
{
PUEBLO AREA COUNCIL OF GOVERNMENTS
---------------------------------
City of Pueblo
Pueblo County
School District 60
School District 70
Pueblo Board of Water Works
Colorado State Highway Comm. (1)
Colorado Air Quality Control (1)
PACOG EXECUTIVE DIRECTOR (3)
TRANSPORTATION POLICY COMMITTEE
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_____ PACOG Executive Committee
Colorado State Highway Comm.
Colorado Air Quality Control
PUEBLO DEPARTMENT OF TRANSPORTATION I -* - - --
URBAN TRANSPORTATION PLANNING DIV.
Transportation Program Manager
Transportation Planner
Transit Planner
Secretary
(1)
TRANSPORTATION TECH. COMMITTEE
Administration ------------------------------
STAFF
-------- - - - - -- Advisory
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Participating Agencies' Staff
Ex- Officio Non - Voting Members
'CITIZEN'S ADVISORY COMMITTEE
--------------------------------
Pueblo City Planning and Zoning
Commission
Pueblo County Planning
TRANSPORTATION TECH. COMMITTEE
Pueblo Department of Transp.
Pueblo Department of Planning
Pueblo Memorial Airport
Pueblo County
Pueblo Area Council of
Governments -Urban Transp.
Planning Division
Colorado Department of Health
Air Pollution Control Div.
Colorado Department of Highways
Div, of Trans. Development,
Program Management Branch
District 2
Federal Hwy. Administration (1)
Urban Mass Transp. Admin. (1)
Brim
Membership of the TPC shall be comprised of the executive committees of
the PACOG, as well as one representative from the Colorado State Highway
Commission and one representative from the Colorado Air Quality Control
Commission. The state are to be selected at the pleasure
of the Governor of Colorado, and shall be entitled to all privileges,
responsibilities and powers enjoyed by the members representing local
governments. The TPC will meet on an as- needed basis, to be determined by
the chairman of the TPC, with a condition that reasonable advance notice
be given to all members of the TPC of all TPC meetings. The planning
process undertaken by the TPC shall be conducted in cooperation with
appropriate State officials and local mass transit agencies within the
urbanized area. All actions by the TPC are in an advisory capacity to the
PACOG and are not binding on the PACOG.
All policy actions will be conducted within the above described
policy- making structure. In the following portions of this MOA this
structure will be referred to as the " PACOG Transportation Policy
Structure."
2. Citizen's Advisory Committee (CAC)
Citizen involvement is afforded at all stages of the Urban
Transportation Planning Process beginning with the definition of
goals and objectives and extending through the choice of alternatives
for both land use and transportation. The CAC will consist of the
joint City- County Planning Commissions.
C 3. Transportation Technical Committee (TTC)
This committee includes representatives from municipalities,
counties, and implementing organizations within the urbanized area,
as well as appropriate state and federal agencies. The TTC is
responsible for developing transportation plans and programs and
making recommendations thereon to the PACOG Transportation Policy
Structure for policy action.
G. PREPARATION AND ENDORSEMENT OF REQUIRED DOCUMENTS
In general, the process for producing and /or updating the documents
required of the urban transportation planning process originates at the
local level and culminates at the Federal level in a manner consistent
with Federal requirements. That process basically provides that:
documents approved by PACOG shall be considered approved at the local
level; documents approved by the Colorado State Highway Commission and the
Colorado Air Quality Control Commission shall be considered approved at
the State level; and documents approved by the Federal Highway
Administration (and the Federal Intermodal Planning Group, in the case of
Unified Planning Work Programs) shall be considered approved at the
Federal level. All documents approved through this process shall be
considered effective and in full force as of the date of local approval
unless otherwise indicated or returned by the State or Federal endorsing
agencies. Schedules and responsibilities shall be specified in the UPWP.
H. MEETING FEDERAL AND STATE PLANNING REQUIREMENTS
The responsibility for meeting all Federal and State urban transportation
planning requirements shall be upon the MPO with the involvement and
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cooperation of the State. This will be necessary to ensure implementation
feasibility in accordance with CDOH Policy Directive 1605.1. Detailed
descriptions of the activities required and stipulation of agency
involvement on an annual basis are set forth and agreed upon each year in
the UPWP.
I. GEOGRAPHIC SCOPE
The Urban Transportation Planning Process shall be carried out within the
Pueblo Urbanized Area which is described in the UPWP for the Pueblo
Urbanized Area along with a map visually outlining the geographic
boundaries of the urbanized area.
J. COMPLIANCE WITH TITLE VI OF THE CIVIL RIGHTS ACT OF 1964
During the performance of activities set forth in this Memorandum of
Agreement, no person shall, on the grounds of race, color, religion, sex
or national origin, be excluded from participation in or be denied the
benefits of, or otherwise subjected to discrimination under any program
agreed to under this MOA. This is in compliance with all provisions of
Title VI of the U.S. Civil Rights Act of 1964, as supplemented by the 1968
Civil Rights Act as has been incorporated into the Title VI Assurances
executed by the CDOH.
K. CHANGES IN AGREEMENT
Any alteration, extension, supplement, or modification of the terms of
this MOA as detailed herein shall be agreed to in writing by the parties
to this MOA.
L. TERMINATION OF AGREEMENT
This MOA was entered into by the parties to carry out the Urban
Transportation Planning Process. Any one of the parties may terminate its
interest and its obligations under this MOA by giving at least 60 days'
notice in writing to the other parties.
M. PREVIOUS AGREEMENTS
This MOA supersedes the previous MOA between PACOG and CDOH dated July 1,
1978.
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MEMORANDUM OF AGREEMENT BETWEEN CDOH AND PACOG
i
IN WITNESS WHEREOF, the parties hereto have executed this Agreement
effective on the date first written above.
APPROVED AS TO LEGAL FORM
AND LEGAL ADEQUACY:
By
Thomas E./',Jagger
AttorneyLat Law
Pueblo Area Council of Governments
Louella Rodrigue
cording Secret% y
Pueblo Area Council
ATTEST:
of Governments
By 2 ° v �
Chief C
APPROVED:
B
r
Duane E. oo
State A orn
General
PUEBLO AREA
COUNCIL OF GOVERNMENTS
By
ames M. Brewer
Chairman
STATE OF COLORADO
ROY ROMER. GOVERNOR
. Ray /Chberlain
Executiirector
Colorad partment of Highways
By
Thomas L. Strickland
Chairman
Colorado Highway Commission
By
James A. Stroup
State Controller
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