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City Clerkâs Office Item # R-3
As Amended December 15, 2014
BACKGROUND PAPER FOR PROPOSED
ORDINANCE
COUNCIL MEETING DATE:
December 8, 2014
TO: President Stephen G. Nawrocki and Members of City Council
CC: Sam Azad, City Manager
VIA: Gina Dutcher, City Clerk
FROM: Steven Meier, Department of Planning & Community Development
SUBJECT:AN ORDINANCE APPROVING THE 2015 DELEGATION AGREEMENT
BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION,
AND THE PUEBLO AREA COUNCIL OF GOVERNMENTS FOR
TRANSPORTATION PLANNING SERVICES, AND AUTHORIZING THE
PRESIDENT OF CITY COUNCIL TO EXECUTE SAME
SUMMARY:
The proposed Ordinance would approve the annual Delegation Agreement between the
Pueblo Area Council of Governments (PACOG) and the City of Pueblo for
Transportation Planning Services as specified in the FY 2014-2015 Unified Planning
Work Program.
PREVIOUS COUNCIL ACTION:
The City and PACOG have entered into an annual Agreement for the City to provide
transportation planning services on behalf of the PACOG Board. The Agreement for the
term of January 1, 2014 through December 31, 2014 was approved on December 23,
2013 through Ordinance No. 8689.
BACKGROUND:
The Ordinance would approve the 2015 Delegation Agreement for Transportation
Planning Services between the Pueblo Area Council of Governments and the City of
Pueblo. The Agreement establishes the responsibilities of the City of Pueblo and the
PACOG for the implementation of the tasks in the FY2014-2015 UPWP, adopted by
PACOG on August 28, 2014. The Agreement allows for Pueblo County staff to be
reimbursed for providing specific pre-approved transportation planning services in
cooperation with the City. The 2015 Delegation Agreement was approved by the PACOG
Board, Resolution 2014-022, at their December 4, 2014 meeting.
FINANCIAL IMPLICATIONS:
PACOG will reimburse the City up to $874,931 from 2014 Consolidated Planning Grant
and CDOT Rural Transportation Planning Funds, including all federal and local carryover
funds from previous fiscal years. The City Finance Department will expend staff time to
prepare and submit monthly financial reports for reimbursement of City transportation
planning expenditures.
BOARD/COMMISSION RECOMMENDATION:
The PACOG Delegation Agreement is entered into between the City and the Pueblo
Area Council of Governments. PACOG is a comprised of representatives from eight
government entities within Pueblo County; therefore, the Agreement is entered into
based on the approval of the PACOG Board and the City.
STAKEHOLDER PROCESS:
The Delegation Agreement is reviewed and approved at public meetings conducted by
both PACOG and the City of Pueblo. The representatives of the PACOG Board and
City Council both have to approve the Agreement at public meetings.
ALTERNATIVES:
City Council could choose to not approve the Delegation Agreement and PACOG, as an
entity, would consider other options for the completion of the transportation planning
services.
City Council could vote to modify the Delegation Agreement as proposed. Any
modification would need to be approved by the PACOG Board.
RECOMMENDATION:
Approve the Ordinance.
Attachments: 2015 PACOG Delegation Agreement
ORDINANCE NO. 8813
AN ORDINANCE APPROVING THE 2015 DELEGATION
AGREEMENT BETWEEN THE CITY OF PUEBLO, A
MUNICIPAL CORPORATION, AND THE PUEBLO AREA
COUNCIL OF GOVERNMENTS FOR TRANSPORTATION
PLANNING SERVICES, AND AUTHORIZING THE
PRESIDENT OF CITY COUNCIL TO EXECUTE SAME
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The Agreement for Transportation Planning Services effective January 1, 2015,
between the Pueblo Area Council of Governments (PACOG) and the City of Pueblo, a
Municipal Corporation, to provide 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 said
Agreement on behalf of the City of Pueblo, a Municipal Corporation, and the City Clerk
shall affix the seal of the City thereto and attest to the same.
SECTION 3.
The officers and staff of the City are directed and authorized to perform any and
all acts consistent with the intent of this Ordinance and the attached Contract to
effectuate the transactions described there.
SECTION 4.
This Ordinance shall become effective upon final passage and approval.
INTRODUCED: December 8, 2014
BY: Chris Nicoll
PASSED AND APPROVED: December 22, 2014
AGREEMENT FOR TRANSPORTATION PLANNING
AND IMPROVEMENT SERVICES FOR 2015
THIS AGREEMENT ("Agreement') is made and entered into effective the 1st day of
January, 2015, by and between the Pueblo Area Council of Governments, hereinafter
referred to as "PACOG", the City of Pueblo, a Municipal Corporation, hereinafter referred to
as "CITY".
WITNESSETH THAT:
WHEREAS, PACOG serves as the Metropolitan Planning Organization (MPO) for the
Pueblo Urban Area, and the Transportation Planning Region (TPR) for all of Pueblo County,
WHEREAS, PACOG is eligible to receive funds to perform the work tasks for these
activities and 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 PACOG under provisions of said
agreements, and statutes, laws and regulations referenced in said agreements; and
WHEREAS, CITY has the authority, capacity, and ability to undertake such
transportation planning and improvement projects; and
WHEREAS, PACOG desires to contract with CITY to provide services, activities, and
project execution required of PACOG under the aforesaid agreements through the City of
Pueblo Urban Transportation Planning Division (UTPD), 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:
1. WORK TASKS; RESPONSIBILITIES OF CITY
(a) CITY agrees to satisfactorily perform and complete, using its own employees,
employees of Pueblo County (herein after referred to as "COUNTY" or such consultants or
contractors selected by PACOG in accordance with the regulations and policies of the
Colorado Department of Transportation (CDOT) and the Federal Highway Administration
(FHWA), 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 FY 2014-15 Unified Planning Work Program adopted by PACOG Resolution
2014-010 on August 28, 2014, incorporated herein by reference, in full compliance with all
provisions of this Agreement.
(b) CITY is authorized to have pre-approved staff from COUNTY work mutually
with CITY staff, and consultants to complete work for services, activities, and project
execution required of PACOG as identified in the Scope of Work included as Appendix A
attached hereto and incorporated herein by this reference.
(c) City represents that it: (i) has the requisite authority and capacity to perform
the services and work contemplated in the FY 2014-15 UPWP and; (ii) that it is a home rule
city and political subdivision of the State of Colorado; (iii) that it is fully aware of and
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understand 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 the Memorandum of Agreement (MOA) adopted by PACOG Resolution on September 28,
2006 and incorporated herein by reference, in full compliance with all the provisions of this
Agreement.
2. RESPONSIBILITIES OF PACOG
PACOG shall designate a representative who will be authorized to make all necessary
decisions required of PACOG on behalf of 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.
3. CITY'S COMPENSATION AND METHOD OF PAYMENT
(a) 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 FY 2014-15 UPWP. Payment of funds to
CITY are subject to the following requirements, which shall be conditions precedent to
payment: (i) that CITY staff time has been expended for eligible activities or CITY has
obligated or expended funds for eligible approved expenditures, (ii) that CITY is not in
default of any material provisions 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 financial assistance agreement, CITY has certified with each payment or
reimbursement request compliance with the requirements identified in the MOA 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 CDOT and local agency matches 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 the
MOA and those set forth in 49 CFR Part 18, as presently promulgated and as same may be
revised from time to time in the future, all other terms of this Agreement, and any special
provisions in the FY 2014-15 UPWP.
(c) Expenses for pre-approved COUNTY staff time and other eligible
reimbursable expenses shall be paid to the COUNTY following the submittal and approval of
invoices detailing the eligible reimbursement items.
(d) PACOG shall pay to CITY for services covered by the FY 2014-15 UPWP a
sum not to exceed the amounts identified in the FY 2014 PACOG budget ($874,931) and/or
rates set forth in those documents as incorporated herein by reference and as may be
amended in writing, in full compliance with all the provisions of this Agreement.
(e) In the event PACOG requests or authorizes work beyond or in addition to
that set forth in the FY 2014-15 UPWP, PACOG shall pay additional compensation to the
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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 paragraph (c), above, and
for the work of subcontractors and consultants in an amount equal to the reasonable actual
cost to CITY.
4. TERM OF AGREEMENT.
The term of this Agreement shall be from January 1, 2015 to December 31, 2015
unless sooner terminated as herein provided.
5. TERMINATION OF AGREEMENT.
(a) For Cause. This Agreement may be terminated by PACOG for cause,
including any nonperformance by CITY, upon thirty (30) days written notice to CITY
including a statement of the reasons therefore, and after 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. The
determination of the PACOG as to the cause of termination and the appropriateness thereof
shall be final and binding upon both PACOG and the CITY. Cause for termination shall
mean any material failure by CITY to comply with any term 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 State or Federal grant funds by PACOG.
(c) Post Termination Procedures. In the event of termination, CITY shall cease
further work and 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.
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 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.
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8. CITY RECORDS.
CITY shall maintain records as to services provided, reimbursable expenses incurred
in performing the Work Tasks, and complete accounting records. Accounting records shall
be kept on a generally recognized accounting basis and as requested by the PACOG's
auditor and acceptable to CDOT and FHWA. CITY agrees to comply with all applicable
uniform administrative requirements described or referenced in applicable state or federal
regulations, including those set forth in the MOA as a part of this Agreement. PACOG,
CDOT, 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,
electronic media, and records of CITY which relate to this Agreement for the 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.
9. MONITORING AND EVALUATION.
PACOG shall have the right to monitor and evaluate the progress and performance
of CITY to assure that the terms of this Agreement are being satisfactorily fulfilled in
accordance with CDOT's, FHWA's, FTA's, PACOG's and other applicable monitoring and
evaluation criteria and standards. PACOG may quarterly review CITY performance using on-
site visits, progress reports required to be submitted by CITY, audit findings, disbursement
transactions and contact with CITY as necessary. If requested, the CITY shall furnish to the
PACOG periodic but not less frequently than 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.
CITY shall maintain files, including electronic media, 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 CITY for a period of three years
after the completion of the Work Tasks.
11. INDEPENDENCE 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 PACOG, CITY agrees to assume the risk of all personal injury, including death
and bodily injury, and damage to and destruction of property, including the 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
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thereby; provided, however, that nothing in this paragraph is intended, nor should it be
construed, to create or extend any right, 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 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 are 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 therefore
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 the 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 construction 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 subcontracts
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 comply with the
provisions of Title VI of the Civil Rights Act of 1964 and the Title VI assurance executed by
PACOG and the State of Colorado under 23 U.S.C. 324 and 29 U.S.C. 794 and the provisions
of the Americans with Disabilities Act of 1990 (Pub. L. 101-336, 104 Stat. 327, as amended)
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and the U.S. DOT implementing regulations (49 CFR 27,37, and 38) as certified in the FY
2014-15 UPWP (p. ii, therein).
15. ENTIRE AGREEMENT; AMENDMENTS.
The provisions set forth in this Agreement, and all documents as incorporated herein
by reference, in full compliance with all the provisions of 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 unless made in writing and executed by the duly authorized officers of 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
into, execute and deliver this Agreement and this Agreement is a valid and legally binding
obligation of such party enforceable against it in accordance with its terms.
IN WITNESS WHEREOF, CITY and PACOG have executed this Agreement effective as
of the date first above written and under the laws of the State of Colorado.
ATTEST: PUEBLO AREA COUNCIL OF GOVERNMENTS
ItSkto
ecretary Chairperson
ATTEST: CITY E:
By
City erk Presiwen Pueblo City Council
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APPENDIX A
SCOPE OF WORK
CITY is authorized to pre-approved staff from COUNTY to work mutually with CITY staff,
and consultants to complete work for transportation planning services, activities, and project
execution required of PACOG for planning services and items of work including all labor and
materials encompassed within or reasonably necessary to accomplish the assigned tasks
and functions described in the FY 2014-15 Unified Planning Work Program adopted by
PACOG Resolution 2014-010 on August 28, 2014.
PROFESSIONAL FEE SCHEDULE
CITY shall compensate the COUNTY for the Scope of Services, approved by CITY, in
accordance with paragraph 3.C. above, in the following manner:
1. An hourly fee comprised of the employee's hourly rate and benefits, excluding
administrative and overhead charges, for the completion of approved work documented
and approved from invoices submitted by COUNTY.
2. Reimbursement of qualifying additional expenses authorized for the satisfactory
performance and completion, of the planning services and items of work in accordance
with the regulations and policies of the Colorado Department of Transportation (CDOT)
and the Federal Highway Administration (FHWA), encompassed within or reasonably
necessary to accomplish the tasks and functions described in the amended FY 2014-15
UPWP adopted by PACOG Resolution 2013-017 on August 22, 2013.
3. The Scope of Work for COUNTY staff that is subject to approval by CITY shall be
specifically for eligible transportation planning activities that include work tasks the
following tasks identified in the FY 2014-15 UPWP:
i) Initiate discussions with MPO stakeholders regarding the creation of a Pueblo
Regional Transportation Authority (RTA) or other dedicated funding sources for
transportation.
ii) Integrating transit, bicycle and pedestrian planning into all transportation planning
efforts.
iii) Review proposed major county subdivision proposals, zoning changes, site plans,
planned developments and land use issues for impacts to the transportation
system and require amendment of the PACOG Long Range Transportation Plan.
iv) Assist PACOG members by providing information and other assistance with
transportation funding grant applications.
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v) Participate in professional training and conferences via teleconferencing, e-mail
discussion lists, and webinars.
vi) Attend FHWA/FTA training programs and other transportation conferences for
technical or professional training.
vii) Meet with FHWA and CDOT monthly for MPO updates and discussion.
viii) Assist in providing accurate and current information for the PACOG MPO/TPR
website.
ix) Prepare demographic data as needed for transportation modeling used for special
studies and/or project consultants.
x) Analyze and document current and updated traffic count data for the Pueblo area.
xi) Analyze and document current and updated collision data for trends and
recommended solutions to reduce crash rates.
xii) Review transit system expansion and route service in planning projects and sub-
area studies.
xiii) Obtain, update, convert, refine, and maintain surface roadway systems data for
the Pueblo area. This includes national highway system, state highway system,
county and local roadways.
xiv) Obtain, update, convert, refine, and maintain transit systems data for the Pueblo
area. This includes updating of route and stop location changes.
xv) Utilize the PACOG Travel Demand Model program to run scenarios involving
roadway improvements and construction on new transportation routes to evaluate
costs and benefits.
xvi) Assist in conducting, and participating in sub-area and special studies related to
the Joe Martinez/West Pueblo connector corridor and the analysis of the transit
operations/improvements in the Pueblo region including the procurement of
consultants to work on the plans and studies.
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