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ORDINANCE NO. 9083
AN ORDINANCE APPROVING A DELEGATION AGREEMENT
BETWEEN THE CITY OF PUEBLO, A MUNICIPAL
CORPORATION AND THE PUEBLO AREA COUNCIL OF
GOVERNMENTS FOR 2017 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, 2017, 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 herein, 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 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 Agreement to effectuate the
transactions described there.
SECTION 4.
This Ordinance shall become effective upon final passage and approval.
INTRODUCED: December 12, 2016
BY: Ed Brown
PASSED AND APPROVED: December 27, 2016
City Clerk’s Office Item # R-7
BACKGROUND PAPER FOR PROPOSED
ORDINANCE
COUNCIL MEETING DATE:
December 12, 2016
TO: President Stephen G. Nawrocki and Members of City Council
CC: Sam Azad, City Manager
VIA: Gina Dutcher, City Clerk
FROM: Scott Hobson, Assistant City Manager for Community Investment, Pueblo MPO
Manager
SUBJECT: AN ORDINANCE APPROVING A DELEGATION AGREEMENT BETWEEN THE
CITY OF PUEBLO, A MUNICIPAL CORPORATION AND THE PUEBLO AREA
COUNCIL OF GOVERNMENTS FOR 2017 TRANSPORTATION PLANNING
SERVICES, AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO
EXECUTE SAME
SUMMARY:
This Ordinance approves the annual delegation agreement between Pueblo Area Council of
Governments (PACOG) and the City of Pueblo for Transportation Planning Services from January
1, 2017 to December 31, 2017 as specified in the amended FY 2016-2017 Unified Planning Work
Program (UPWP).
PREVIOUS COUNCIL ACTION:
The City is currently operating under the 2016 delegation agreement between Pueblo Area
Council of Governments (PACOG) and the City of Pueblo approved by Ordinance 8954, on
December 28, 2015.
BACKGROUND:
This Ordinance approves the annual 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 FY2016-2017 UPWP, adopted by PACOG Resolution 2015-016 on August 27,
2015 and amended by Resolution 2016-019 on August 22, 2016. The FY2016-2017 UPWP
included a staffing plan that provided for the City to hire a Transportation Program Manager and
a Transportation Planning Technician in FY2016. The agreement also allows for Pueblo County
staff to be paid for providing transportation planning services in cooperation with the City.
FINANCIAL IMPLICATIONS:
PACOG will reimburse the City up to $784,639 from 2017 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 2017 Delegation Agreement was approved by the PACOG Board by unanimous consent at
their December 8, 2016 meeting.
STAKEHOLDER PROCESS:
Not Applicable.
ALTERNATIVES:
If City Council does not approve this Ordinance, PACOG will look at other options for the operation
of the PACOG Metropolitan Planning Organization which is responsible for transportation
planning for the Pueblo Urbanized Planning Area and the Pueblo Rural Transportation Planning
Region.
RECOMMENDATION:
Approval of the Ordinance.
Attachments:
2017 PACOG-City Transportation Planning Delegation Agreement
AGREEMENT FOR TRANSPORTATION PLANNING
AND IMPROVEMENT SERVICES FOR 2017
THIS AGREEMENT (Agreement) is made and entered into effective the 1st day of
January, 2017, 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 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 2016-17 Unified
Planning Work Program adopted by PACOG Resolution 2015-016 on August 27, 2015, and
amended September 22, 2016 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 2016-17 UPWP, as amended, 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
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 2006-023 on September
28, 2006 and incorporated herein by reference, in full compliance with all the provisions of this
Agreement.
2. RESPONSIBILTIES 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 (d) 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 2016-17 UPWP, as amended. 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 2016-17 UPWP,
as amended.
(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 2016-17 UPWP, as
amended a sum not to exceed the amounts identified in the FY 2017 PACOG budget ($784,639)
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 2016-17 UPWP, as amended, PACOG shall pay additional compensation to the
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 (d), 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, 2017 to December 31, 2017 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 18136(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, 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 COOT 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, COOT, 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 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 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)
and the U.S. DOT implementing regulations (49 CFR 27,37, and 38) as certified in the FY
2014-15 UPWP, as amended (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, 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
"„--2
By
Secretary Chairperson
ATTEST: CITY OF PUEBLO
•
By
Gina utcher - City Clerk Step .-71 roc i - President of City—our eil
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 2016-17 Unified Planning Work Program adopted by PACOG Resolution
2015-016 on August 27, 2015 and amended August 22, 2016.
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 2016-17 UPWP, as amended adopted by
PACOG Resolution 2015-016 on August 27,2015.
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 2016-17 UPWP, as amended:
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.
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 COOT 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.