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HomeMy WebLinkAboutResolution - 2018-R0177 - MOU LMPO, Citibus, Txdot - 05_10_2018Resolution No. 2018-RO177 Item No. 5.12 May 24, 2018 RESOLUTION WHEREAS, the Fixing America's Surface Transportation Act (the "FAST Act") promulgated regulations 23 CFR 450.314; and WHEREAS, the purpose of this agreement is to make provisions for cooperative mutual responsibilities in carrying out the metropolitan transportation planning process in the Lubbock Metropolitan Planning Organization (the "MPO") metropolitan planning area and to provide a single agreement between the State, the MPO, and public transportation operators in accordance with 23 CFR 450.314; and WHEREAS, 23 CFR 450.314 further requires that the MPO, the State, and public transportation operators cooperatively determine their mutual responsibilities in carrying out the metropolitan transportation planning process in clearly identified written agreements between the MPO, the State, and public transportation operators serving the metropolitan planning area; and WHEREAS, it is recommended that to the extent possible, a single agreement between all responsible parties be developed to include specific provisions for cooperatively developing and sharing information related to the development of financial plans that support the Metropolitan Transportation Plan according to 23 CFR 450.322, the Metropolitan Transportation Improvement Program according to 23 CFR 450.324, the Unified Planning Work Program (the "UPWP") according to 23 CFR 450.314, and development of the annual listing of obligated projects according to 23 CFR 450.332; and WHEREAS, the public transportation operator for the urbanized area of the City of Lubbock is the City of Lubbock; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Memorandum of Agreement between the City of Lubbock, the MPO's Transportation Policy Committee, and the Texas Department of Transportation, to make provisions for cooperative mutual responsibilities and to specify that the UPWP will detail and document the mutual and separate responsibilities, deliverables, and associated costs as required by federal laws. Said Memorandum of Agreement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council on May 24, 2018 JEFF GRIFFITH, MAYOR PRO TEM ATTEST: Re ecca Garza, CV Se tart' APPROVED AS TO CONTENT: Bill H90erton, ;�Ilant City Manager APPROVED AS TO FORM: Justi rui , As istant City Attorney ccdocs/RES. Memorandum of Understanding — City of Lubbock and Lubbock MPO — Transportation Planning April 16, 2018 Resolution No. 2018-RO177 MEMORANDUM OF UNDERSTANDING AMONG THE LUBBOCK METROPOLITAN PLANNING ORGANIZATION ("MPO"), THE TEXAS DEPARTMENT OF TRANSPORTATION ("TxDOT") AND THE CITY OF LUBBOCK dba PUBLIC TRANSPORTATION OPERATOR (CITIBUS) WHEREAS, the Fixing America's Surface Transportation Act (FAST Act) promulgated regulations 23 CFR 450.314, and WHEREAS, the MPO, the State and the Public Transportation Operator(s) are required by 23 CFR 450.314 to cooperatively determine their mutual responsibilities in carrying out the metropolitan transportation planning process, and WHEREAS, these responsibilities shall be clearly identified in written agreements among the MPO, the State and the Public Transportation Operator(s) serving the Metropolitan Planning Area (MPA), and WHEREAS, to the extent possible, a single agreement between all responsible parties should be developed, and WHEREAS, the federal regulations require the written agreement to include specific provisions for cooperatively developing and sharing information related to the development of financial plans that support the Metropolitan Transportation Plan (MTP) (§450.322), the metropolitan Transportation Improvement Program ("TIP")(§450.324), the Unified Planning Work Program (UPWP)(§450.314) and development of the annual listing of obligated projects (APL)(§450.332). WHEREAS, the federal regulations require that the MPO, State DOT, and the public transit provider shall jointly agree upon and develop specific written procedures for cooperatively developing and sharing information related to transportation performance data, the selection of performance targets, the reporting of performance targets, the reporting of performance measures to be used in tracking progress toward attainment of critical outcomes for the region of the MPO, and the collection of data for the State asset management plan for the National Highway System (NHS). NOW THEREFORE, the parties agree as follows: 1. Purpose. It is the purpose of this Memorandum of Understanding (MOU) to make provision for cooperative mutual responsibilities in carrying out the Metropolitan Planning Process and Performance Based Planning and Programming in the Lubbock MPA and to provide a single agreement between the State of Texas acting through the Texas Department of Transportation (TxDOT), Lubbock MPO, and the City of Lubbock dba the Public Transportation Operator(s) in accordance with current Federal Legislation and as required by 23 CFR 450.314. 2. Responsibilities of all parties. All parties will: a. Cooperatively determine their mutual responsibilities in carrying out the metropolitan transportation planning process in a performance based planning format and final form. Decide upon and adopt performance targets for this planning process in accordance with Federal and State requirements and guidance. b. Make provisions for cooperatively developing and sharing information related to the development of financial plans that support the Metropolitan Transportation Plan ("MTP"), TIP, and UPWP. Ensure TxDOT, the Public Transportation Operator(s) and the MPO cooperatively develop a listing of projects that comprehensively address the transportation system within the MPO boundaries. Identified projects shall include both roadway and transit initiatives, including but not limited to investments in pedestrian walkways and bicycle transportation facilities for which federal funds were obligated in the preceding fiscal year. d. Ensure that the UPWP will detail and document these responsibilities, deliverables and associated costs. 3. Performance Based Planning & Programming a. Developing transportation performance data TxDOT will provide the MPO with a subset for their MPA of the state performance data used in developing statewide targets. If an MPO chooses to develop their own target for any measure, they will provide TxDOT with any supplemental data they utilize in association with the target -setting process. b. Selection of transportation performance targets TxDOT will develop draft statewide federal performance targets in coordination with the applicable MPOs. Coordination may include in -person meetings, web meetings, conference calls, and/or email communication. MPOs shall be given an opportunity to provide comments on statewide targets one month prior to final statewide targets adoption. If the MPO chooses to adopt their own target for any measure, it will develop draft MPO performance targets in coordination with TxDOT. Coordination methods will be at the discretion of the MPO, but TOOT shall be provided an opportunity to provide comments on draft MPO performance targets prior to final approval. c. Reporting of performance targets TxDOT performance targets will be reported to FHWA and FTA, as applicable. The MPO will be notified when TxDOT has reported final statewide targets. MPO performance targets will be reported to TOOT. 1. For each target, the MPO will provide the following information no later than 180 days after the date TxDOT or the Public Transportation Operator establishes performance targets, or the date specified by federal code: a. Written agreement to plan and program projects so that they contribute toward the accomplishment of TxDOT or Public Transportation Operator performance target, or; b. Written notification that the MPO will set a quantifiable target for that performance measure for the MPO's planning area. If a quantifiable target is set for the MPO planning area, the MPO will provide any supplemental data used in determining any such target. c. Documentation of the MPO's target or support of the statewide or relevant public transportation provider target will be provided in the form of a resolution or meeting minutes. iii. TxDOT will include information outlined in 23 CFR 450.216 (f) in any statewide transportation plan amended or adopted after May 27, 2018, and information outlined in 23 CFR 450.218 (q) in any statewide transportation improvement program amended or adopted after May 27, 2018. iv. The MPO will include information outlined in 23 CFR 450.324 (f) (3-4) in any MTP amended or adopted after May 27, 2018, and information outlined in 23 CFR 450.326 (d) in any TIP amended or adopted after May 27, 2018. V. Reporting of targets and performance by TxDOT and the MPO shall conform to 23 CFR 490, 49 CFR 625, and 49 CFR 673 (upon enactment). d. Reporting of performance to be used in tracking progress toward attainment of critical outcomes for the region of the MPO TxDOT will provide the MPO with an update of the subset for their MPA of the state performance data used in developing statewide targets including prior performance data. e. The collection of data for the State asset management plans for the NHS TxDOT will be responsible for collecting bridge and pavement condition data for the State asset management plan for the NHS. 4. Responsibilities of the MPO The MPO will: a. Work in consultation with Public Transportation Operator(s) and TxDOT in developing the financial plan for the MTP. b. Work in consultation with Public Transportation Operator(s)and TxDOT in developing the financial plan for the TIP. c. Conduct Technical Committee and Policy Board meetings as required and necessary. d. In consultation with Public Transportation Operator(s)and TxDOT, update the MTP and TIP in accordance with State and Federal laws. e. Invite Transit Districts to participate in all public participation processes. f. Conduct comprehensive, cooperative and continuous transportation planning for the Lubbock MPA. g. Establish necessary transportation performance targets, share information related to the performance data, and document the reporting of performance to be used in tracking progress toward attainment of critical outcomes within the MPO MPA, if the MPO elects to develop quantifiable targets for performance measures for the MPO's planning area. 5. Responsibilities of the Public Transportation Operator(s) The Public Transportation Operator(s) will: a. Work in consultation with the MPO in developing short-range and long-range plans for transit for inclusion in the MTP and TIP. The public transportation operator will perform all transit -planning activities as required by applicable Federal, State and local laws and regulations within the MPO metropolitan planning area (MPA) boundary. b. Assist in validation of data used as input into the transportation plan. It is agreed by the parties that the MPO and the City will work together to ensure that transit -planning activities are carried out in a cooperative, continuing and comprehensive manner. c. Work in consultation with the MPO and TOOT in developing the financial plan for the MTP. In order to make provisions for cooperatively developing and sharing information related to the development of financial plans that support the MTP and the TIP, it is agreed by the parties that the City will assist the MPO in preparing documents and reports necessary to satisfy Federal, State and local laws and regulations. As a minimum this shall include the Metropolitan Transportation Plan, the Transportation Improvement Program, the Public Participation Policy and the Unified Planning Work Program. The City shall also provide a copy of its annual Technical Study to the MPO when it is completed. d. Work in consultation with the MPO and TXDOT in developing the financial plan for the TIP. It is also agreed that the City will provide information necessary to the MPO in order for the MPO to satisfy applicable Federal, State and local laws and regulations. The City shall also provide demographic information as requested by the MPO concerning ridership. e. Provide the MPO with the annual list of obligated transit projects. f. Serve on the MPO Technical Committee and Policy Board as applicable. g. Notify the MPO of changes to projects that would affect the MTP or TIP. h. Invite the MPO to participate in all public participation processes. i. Establish transit asset management performance targets and share with the MPO and other interested parties. j. In order to detail and document these responsibilities, deliverables, and associated costs in the Unified Planning Work Program (UPWP): The MPO will provide necessary support and information to the City that will assist it in carrying out its responsibilities as outlined in this agreement provided the work is included in the MPO's Unified Work Planning Program (UPWP). The MPO and the City will enter into a service agreement prior to October 1 of each year outlining the services that the City will perform for the MPO during the upcoming Fiscal Year and the respective costs for those services. These services must be shown in the approved MPO Unified Planning Work Program. This service agreement becomes a part of this overall Memorandum of Agreement upon execution by both parties. k. The City agrees to provide staff to attend any public meeting that the MPO may schedule during the revision of any of the above documents to answer questions concerning transit by citizens. The MPO, will, to the greatest extent possible, coordinate meetings scheduled with City staff. The City will provide to the MPO agendas and background material for all meetings of the Lubbock Public Transit Advisory Board as well as any public hearing or other officially called meetings. The MPO will provide staff members to attend meetings of the Lubbock Public Transit Board. The City shall have representatives on the MPO's Transportation Policy Committee and Transportation Advisory Committee. 6. Responsibilities of TxDOT. a. Work in consultation with Public Transportation Operator(s) and the MPO in developing the financial plan for the TIP and MTP. b. Assist in the validation of data used as input into the transportation plan. c. Provide the MPO with the annual list of obligated projects. The State, the City (activing as the public transportation operator), and the MPO shall cooperatively develop a listing of projects (including investments in pedestrian walkways and bicycle transportation facilities) for which funds under 23 U.S.C. or 49 U.S.C. Chapter 53 were obligated in the preceding program year. d. Serve on the MPO Technical Committee and Policy Board. e. Notify the MPO of changes to projects that would affect the MTP or TIP. In consultation with the MPO and Transit District, update the MTP and TIP in accordance with State and Federal laws. g. Work in consultation with the MPO and Public Transportation Operator(s) in developing short-range and long-range plans for transit for inclusion in the MTP and TIP. 7. Term. This Memorandum shall become effective as to each Party when fully executed by all parties. It shall remain in full force and effect until such time it is terminated in writing by one or all of the parties. 8. Validity and Enforceability. If any current or future legal limitations affect the validity or enforceability of a provision of this MOU, then the legal limitations are made a part of this MOU and shall operate to amend this MOU to the minimum extent necessary to bring this MOU into conformity with the requirements of the limitations, and so modified, this MOU shall continue in full force and effect. 9. Governing Law and Venue. This MOU shall be governed by the laws of the State of Texas. Venue for an action arising under this MOU shall lie exclusively in Travis County, Texas. 10. Severability. If a provision contained in this MOU is held invalid for any reason, the invalidity does not affect other provisions of the MOU and can be given effect without the invalid provision, and to this end, the provisions of this MOU are severable. (SIGNATURE PAGE TO FOLLOW) EXECUTED by the parties hereto, each respective entity acting by and through its duly authorized official as required by law. J Maurice Pearl, Chairperson Transportation Policy Board Steve War n District Engineer Texas Department of Transportation APPROVED AS TO CONTENT: J �"DavidJones L H uston Director, Lubbock Metropolitan Planning Organization APPROVED AS TO FORM: Matth w Wade Attorney for the MPO Date: /l / 6 Date: I' Z O — /g Date: A4n �l Date: Zvloo / (SIGNATURES FOR CITY OF LUBBOCK TO FOLLOW) (Remainder of this page left intentionally blank) FOR THE CITY OF LUBBOCK: JEFF GRIFFITH, MAYOR PRO TEM TEEST:)Zi `/ r Rebecca Garza, City Se retary APPROVED AS TO CONTENT: —, W. Ja ett Atkinson, City Manager, City of Lubbock APPROVED AS TO FORM: Ju n Pruit As istant ity Attorney Date: Date:5L LZw Date: -V-l -7 Date: 5 IZ4 & Appendices: The executed Memorandum of Understanding (MOU) between the MPO, the Transit Provider, and TxDOT is intended to be a living document with potential for amendment(s) as federal and state law may require. As such, the Appendices attached to this MOU will reflect the most current version of how the affected parties have adopted specific written procedures for cooperatively developing and sharing information related to transportation performance data, the selection of performance targets, the reporting of performance targets, the reporting of performance to be used in tracking progress toward attainment of critical outcomes for the region of the MPO, and the collection of data for the State asset management plan for the National Highway System (NHS). A. Safety Performance Measures B. Highway Safety Improvement Program C. FHWA Pavement and Bridge Performance Measures D. FHWA System Performance Measures a. NHS b. Freight c. CMAQ E. FTA Transit Asset Management F. FTA Agency Safety Plan [Recommend inclusion of a summary describing the anticipated purpose, content and structure of the appendices.]