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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 -2- 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 -3- 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 -4- ATTEST: City Clerk f SEAL ] CITY OF PUEBLO, A Municipal Corporation B y � Preside of the it ouncil -5- 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, - 1 - 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; -3- 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. -4- 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. -5- 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 ------------------------------- _____ 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 ------------------------------ 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 -7- 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. -8- 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 C -9-