MPO Technical Committee

TECHNICAL COMMITTEE AGENDA Farmington Metropolitan Planning Organization July 16, 2015 10:00 a.m. MPO Office 100 West Broadway, 2nd Floor Farmington, New Mexico  AGENDA FARMINGTON METROPOLITAN PLANNING ORGANIZATION TECHNICAL COMMITTEE MEETING July 16, 2015 10:00 AM This meeting will be held at the MPO Office, 100 West Broadway, 2nd Floor, Farmington, New Mexico. ITEM PAGE 1. Call meeting to order 2. Approve the minutes from the June 30, 2015 Joint Technical Committee & 20 NMDOT meeting. 3. Consider recommending approval of the FTA Memorandum of Agreement 1 Presented by: Duane Wakan 4. Review draft chapter of the 2040 MTP Update: 17 • Chapter 13 – Financial Presented by: Fran Fillerup 5. Receive a report on proposed Red Apple Transit route changes 18 Presented by: Duane Wakan 6. Reports from NMDOT a. District 5 (David Quintana) b. Planning Division (Brian Degani) 7. Information Items: 19 a. NWNM Regional Transportation Plan b. 2 CFR 200 Training c. Joint Conference of Engineering & Planning d. Other Presented by: Fran Fillerup 8. Business From Chairman, Members, and Staff 9. Business from the Floor 10. Adjournment ATTENTION PERSONS WITH DISABILITIES: If you are an individual with a disability who is in need of a reader, amplifier, qualified sign language interpreter, or any other form of auxiliary aid or service to attend or participate in the hearing or meeting, please contact the MPO Administrative Aide at the Downtown Center, 100 W Broadway, Farmington, New Mexico or at 505-599-1466 at least one week prior to the meeting or as soon as possible. Public documents, including the agenda and minutes, can be provided in various accessible formats. Please contact the MPO Administrative Aide if a summary or other type of accessible format is needed.  FARMINGTON METROPOLITAN PLANNING ORGANIZATION Agenda Item #3 Subject: FTA Memorandum of Agreement Prepared by: Duane Wakan, MPO Planner Date: July 7, 2015 BACKGROUND or PREVIOUS WORK  The Memorandum of Agreement (MOA) serves as the planning contract between the MPO and the Federal Transit Administrations 5303 program.  The document identifies the responsibilities for carrying out the metropolitan transportation planning process between the MPO, NMDOT, and the fiscal agent serving the metropolitan planning area.  With the MOA, NMDOT and the MPO also enter into a contractual agreement to establish the terms and conditions for performance and payment.  The lead agencies legal department has reviewed and signed the document.  This is the first MOA that has come from NMDOT Transit and Rail Division.  This MOA was originally presented for consideration at the June 30 Technical Committee meeting but was tabled due to changes necessitated by NMDOT. CURRENT WORK  FTA has presented the MPO with a MOA that covers a three-year period from July 1, 2018 to September 30, 2018.  The Unified Planning Work Program (UPWP) will need to identify specific 5303 planning task, scopes and funding estimates.  A 20% local funding match will continue to apply to all 5303 planning activities.  An annual audit of the 5303 Program will be required pursuant to 2 CFR 200 uniform administrative requirements, cost principles and audit requirements for Federal awards. ANTICIPATED WORK  Approval of the Memorandum of Agreement by the Policy Committee will be sought at their August 27 meeting. ATTACHMENTS  A copy of the draft Memorandum of Agreement as proposed by NMDOT Transit & Rail Division is attached. ACTION ITEM  Staff recommends approval of the draft FTA Memorandum of Agreement to the Policy Committee. 1  FEDERAL FISCAL YEAR 2015 - 2018 MEMORANDUM OF AGREEMENT BETWEEN THE NEW MEXICO DEPARTMENT OF TRANSPORTATION AND FARMINGTON METROPOLITAN PLANNING ORGANIZATION This Agreement is between the STATE OF NEW MEXICO, acting through its DEPARTMENT OF TRANSPORTATION, Transit and Rail Division, (Department), and the FARMINGTON METROPOLITAN PLANNING ORGANIZATION (MPO). This Agreement is effective as of the date of the last party to sign it on the signature page below RECITALS Whereas, 49 U.S.C. Section 5303, authorizes federal assistance from the Federal Transit Administration (FTA) for multimodal transportation planning in metropolitan areas that is cooperative, continuous, and comprehensive, resulting in long-range transportation plans and short-range programs of transportation investment priority (Program); and, Whereas, the Governor of New Mexico has designated the Department to receive and administer the federal funds under this program; and, Whereas, the Department and the MPO have long worked together in transportation planning that involved Section 5303 funds and they want to continue; and, Now, therefore, pursuant to Section 67-3-69 NMSA 1978, the parties agree as follows: 1. Program. The MPO shall develop and implement an biennial Unified Planning Work Program (UPWP) to identify specific tasks, with detailed scopes of work and funding estimates, related to transportation planning and programs. The UPWP is subject to the approval of the Department and the FTA. A copy of the UPWP is on file with the Department and the MPO. The MPO shall comply with all applicable provisions of 49 USC Section 5303, specifically sections (i) through (j), which requires development and implementation of additional transportation plans and identifies the planning process, a performance-based approach to plan development as well as requirements for public notification and involvement. A copy of each additional plan is on file with the Department and the MPO. 2 Additional requirements are highlighted in the attached Exhibit A, Program Requirements. 2. Funding. Funding is determined annually by the FTA, the Department and the MPO, which has a 20% funding match requirement. The Department upon consultation with the MPO will select specific tasks from the UPWP to fund and identify the amount for each task. Prior to the start of funding period, the Department will mail to the MPO a Work Authorization that identifies the tasks to be performed, the funding for each task and the local match requirement. Funding is provided by FTA, Catalog of Federal Domestic Assistance (CFDA) Number 20.505. State funds will not be earmarked or disbursed to fund the Tasks. The Department shall not be responsible for any other costs incurred by the MPO. The MPO shall take all actions necessary to fund its share of the Program. 3. Method of Payment. With federal funds, the Department shall reimburse the MPO for 80% of the eligible expenses. Invoices shall be submitted quarterly, to the Department’s Transit and Rail Division by the 25th day of the quarter following the close of the invoice period. Invoices shall be certified by the MPO that they accurately reflect work completed, amount due and include the Work Authorization number, remaining work authorization balance, control and/or contract number. All expenses must be actual rather than estimated and must be listed on the invoices as charged. Only those expenses properly documented with sufficient documentation as determined and/or approved by the Department, indicating that expenses have been paid, will be reimbursed. 4. Eligible Costs. Eligible Costs are those costs attributable to and allowed under the Program and the provisions of 2 CFR 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirement for Federal Awards. Costs incurred by the MPO prior to the effective date of this Agreement or subsequent to the termination date shall not be eligible for reimbursement as Program costs 5. State General Appropriation Funds Not Obligated. Nothing in this Agreement shall be construed as obligating state general appropriation funds for payment of any debt or liability arising under this Agreement. The parties expressly acknowledge that all payments made under this Agreement are from federal funds appropriated for these purposes. 6. Term. This Agreement becomes effective upon the signature of all parties. The effective date is the date the last party signed the Agreement on the signature page below. All costs incurred under this agreement from July 1, 2015 to September 30, 2018 may be reimbursed. This Agreement shall expire September 30, 2018. 3 7. Termination for Cause. The Department has the option to terminate this Agreement if the MPO fails to comply with any provision. A written notice of termination shall be given at least thirty (30) days prior to the intended date of termination and shall identify all of the MPO breaches on which the termination is based. The Department may provide the MPO a reasonable opportunity to correct the breach. If within ten (10) days after receipt of a written notice of termination, the MPO has not corrected the breach or, in the case of a breach which cannot be corrected in ten (10) days, the MPO has not begun and proceeded in good faith to correct the breach, the Department may declare the MPO in default and terminate the Agreement. The Department shall retain any and all other remedies available to it under the law. 8. Appropriations. The terms of this Agreement are contingent upon sufficient appropriations and authorizations being made by the Congress of the United States. If sufficient appropriations and authorizations are not made, this Agreement shall terminate upon written notice from the Department to the MPO. The Department’s decision as to whether sufficient appropriations are available shall be accepted by the MPO and shall be final. 9. Termination Management, Allowable Costs. In the event of termination, neither party may nullify obligations already incurred for performance or failure to perform. The MPO shall be paid for all the allowable costs incurred prior to the date of termination, subject to audit verification by the Department or its duly authorized representative. The MPO shall not be paid for any costs incurred that are inconsistent with, or contrary to, the terms and conditions of this Agreement. 10. Breach and Dispute Resolution. Disputes which cannot be resolved informally by the parties shall be decided in writing by a representative of the Department’s Transit and Rail Division. The MPO has ten (10) days from receipt of the decision to file a written appeal with the Transit and Rail Division. Upon appeal, the MPO will be afforded an opportunity to be heard and to offer evidence in support of its position. The decision of the Transit and Rail Division on appeal shall be binding. 11. New Mexico Tort Claims Act. As between the Department and the MPO, neither party shall be responsible for liability incurred as a result of the other party’s acts or omissions in connection with this agreement. Any liability incurred in connection with this Agreement is subject to the immunities and limitations of the New Mexico Tort Claims Act, Section 41-4-1, et seq., NMSA 1978. This paragraph is intended only to define the liabilities between the parties and it is not intended to modify, in any way, the parties’ liabilities as governed by the common law of the New Mexico Tort Claims Act. 4 12. Retention of Records. The MPO shall maintain all books, documents, papers, accounting records, reports and other evidence pertaining to costs incurred in the Program for three (3) years after the date of termination or expiration of this Agreement. 13. Access to Records. The MPO shall grant authorized representatives of the Department, the state and the federal government access to books, documents, papers, reports, and records of the MPO or its subcontractors, which are directly pertinent to this Agreement, for the purpose of making audits, examination excerpts, and transcriptions. The MPO agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. The MPO shall reimburse the Department for any expenditure for which it received payment or reimbursement, as applicable, which is disallowed by an audit exception by the Department, the state or federal government 14. Audit. The MPO shall ensure that an annual audit of the Program based on the MPO’s fiscal year shall be conducted pursuant to 2 CFR 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirement for Federal Awards. The MPO, prior to initiation of the audit, shall seek written approval from the Department of the auditing firm. The MPO agrees to provide the Department with a copy of the audit report concerning any portion of the Agreement period as soon as it is released, but in no case later than six months following the close of the local fiscal year. Audit costs are an eligible administrative expense. Should the MPO fail to produce the annual audit, the Department may, at its option, commission such an audit payable out of Program funds. 15. Audit Exceptions. If federal or state audit exceptions are made, the MPO shall reimburse all costs incurred by the State and the Department associated with defending against the exceptions, which includes but is not limited to costs of performing a new audit or a follow-up audit, court costs, attorneys' fees, travel costs, penalty assessments. Immediately upon notification from the Department, the MPO shall reimburse the amount of the audit exception and any other related costs directly to the Department. In the notification, the Department may inform the MPO of the Department’s election to withhold an amount equal to the payment owed under this Section from any future distribution owed to MPO under this Agreement. 16. Third Party Beneficiaries. It is not intended by any of the provisions of any part of this Agreement to create in the public or any member thereof a third party beneficiary or to authorize anyone not a party to the Agreement to maintain a suit(s) for wrongful death(s), bodily and/or personal injury(ies) to person(s), damage(s) to property(ies), and/or any other claim(s) whatsoever pursuant to the provisions of this Agreement. 17. Contracting and Assignment. 5 The MPO shall not contract any portion of this Agreement without prior written approval of the Department. No such contracting shall relieve the MPO from its obligations and liabilities under this Agreement, nor shall any subcontracting obligate payment from the Department. Except to a successor in kind, the MPO shall not assign or transfer any interest in this Agreement or assign any claim for money due or to become due under this Agreement without the prior written approval of the Department. Should subcontract(s) or an assignment be authorized by the Department, the subcontractor(s) and assignor(s) shall be subject to all provisions of this Agreement. It shall be the MPO’s responsibility to duly inform the subcontractor(s) and assignor(s) by means of a contract or other legally binding document stipulating responsibility to this Agreement. Subcontractors and Assignors of FTA funds must meet applicable Disadvantaged Business Enterprise (DBE) Program requirements when funds are used in whole or in part to finance procurements for applicable products and services. To that end, Subcontractors with contracting opportunities must sign and submit a Disadvantaged Business Enterprise Race-Neutral Implementation Agreement for Federal Transit Administration Subgrantee, which is attached as Certification 1. 18. No Federal Government Obligation to Third Parties. A. The Department and MPO acknowledge and agree that, notwithstanding any concurrence by the federal government in or approval of the solicitation or award of the underlying contract, absent the express written consent by the federal government, the federal government is not a party to this contract and shall not be subject to any obligations or liabilities to the Department, MPO, or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying contract. B. The MPO agrees to include the above clause in each subcontract financed in whole or in part with federal assistance provided by FTA. It further agrees that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions. 19. Civil Rights Laws and Regulations Compliance. The MPO shall comply with all federal, state and local laws and ordinances applicable to the work called for under this Agreement. A. Nondiscrimination - In accordance with Title VI of the Civil Rights Act, 42 U.S.C. § 2000d, Section 303 of the Age Discrimination Act of 1975, 42 U.S.C. § 6102, Section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and Federal transit law at 49 U.S.C. § 5332, the MPO shall not discriminate against any employee or applicant for employment because of race, color, creed, national origin, sex, age, or disability. The MPO shall comply with 6  applicable Federal implementing regulations and such other implementing requirements FTA may issue. B. Equal Employment Opportunity - The following equal employment opportunity requirements apply to this Agreement: 1. Race, Color, Creed, National Origin, Sex - In accordance with Title VII of the Civil Rights Act, 42 U.S.C. § 2000e, and Federal transit laws at 49 U.S.C. § 5332, the MPO agrees to comply with all applicable equal employment opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. Parts 60 et seq., (which implement Executive Order No. 11246, "Equal Employment Opportunity," as amended by Executive Order No. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," 42 U.S.C. § 2000e note), and with any applicable federal statutes, executive orders, regulations, and federal policies that may in the future affect construction activities undertaken in the course of the project. The MPO agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, national origin, sex, or age. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition, the awarded contractor shall comply with any implementing requirements FTA may issue. 2. Age - In accordance with Section 4 of the Age Discrimination in Employment Act of 1967, 29 U.S.C. § § 623 and Federal transit law at 49 U.S.C. § 5332, the MPO agrees to refrain from discrimination against present and prospective employees for reason of age. In addition, the MPO shall comply with any implementing requirements FTA may issue. 3. Disabilities - In accordance with Section 102 of the Americans with Disabilities Act, 42 U.S.C. § 12112, the MPO agrees that it will comply with the requirements of U.S. Equal Employment Opportunity Commission, "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 C.F.R. Part 1630, pertaining to employment of persons with disabilities. In addition, the awarded contractor shall comply with any implementing requirements FTA may issue. C. The MPO shall include these requirements in each subcontract financed in whole or in part with federal assistance provided by FTA, modified only if necessary to identify the affected parties. D. For assistance with a contract clause incorporating the requirements of the new DBE rule in 49 CFR Part 26, contact FTA HelpLine at www.ftahelpline.com. 7  E. The MPO also agrees to include these requirements in each contract financed in whole or in part with federal assistance provided by FTA, modified only if necessary to identify the affected parties. 20. Disadvantaged Business Enterprise (DBE) Policy. A. This Agreement is subject to the requirements of 49 CFR Part 26, Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs. The Department’s proposed overall goal for FTA participation for the 2016 fiscal year is 1.22%, through race-neutral means. B. The MPO shall not discriminate on the basis of race, color, national origin, or sex in the performance of the Agreement. The MPO shall carry out applicable requirements of 49 CFR Part 26 in the administration of the Program. Failure by the MPO to carry out these requirements is a material breach of the Agreement, which may result in the termination or other such remedy as the Department deems appropriate. Each contract the MPO signs with a contractor must include the assurance in this paragraph (see 49 CFR 26.13(b)). C. The MPO agrees to ensure that Disadvantaged Business Enterprises as defined in 49 CFR Part 26 have the maximum opportunity to participate in the performance of Contracts and subcontracts financed in whole or in part with Federal funds. In this regard, all recipients or contractors shall take all necessary and reasonable steps in accordance with 49 CFR Part 26 to ensure that Disadvantaged Business Enterprises have the maximum opportunity to compete for and perform contracts. Recipients and their contractors shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of U.S. DOT assisted contracts. The MPO will be required to report its DBE participation obtained through race-neutral means throughout the period of performance. D. The MPO is required to pay its contractors performing work related to this contract for satisfactory performance of that work no later than 30 days after the awarded contractor’s receipt of payment for that work from the Department. E. The MPO must promptly notify the Department, whenever a DBE contractor is terminated or fails to complete its work, and must make good faith efforts to engage another DBE contractor to perform at least the same amount of work. The MPO may not terminate any DBE subcontractor and perform that work through its own forces or those of an affiliate without prior written consent of the Department. A MPO of FTA funds must meet applicable DBE requirements when funds are used in whole or in part to finance procurements of and contracts for applicable products and services. A MPO with contracting opportunities must sign and submit a 8  Disadvantaged Business Enterprise Race-Neutral Implementation Agreement for Federal Transit Administration Subgrantees, which is attached as Certification 1. 21. ADA Access. The MPO shall comply with 49 U.S.C. § 5301(d), which states the Federal policy that elderly individuals and individuals with disabilities have the same right as other individuals to use public transportation services and facilities, and that special efforts shall be made in planning and designing those services and facilities to implement transportation accessibility rights for elderly individuals and individuals with disabilities. The MPO also agrees to comply with all applicable provisions of section 504 of the Rehabilitation Act of 1973, with 29 U.S.C. § 794, which prohibits discrimination on the basis of disability; with the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. §§ 12101 et seq., which requires that accessible facilities and services be made available to individuals with disabilities; and with the Architectural Barriers Act of 1968, 42 U.S.C. §§ 4151 et seq., which requires that buildings and public accommodations be accessible to individuals with disabilities. 22. Program Fraud and False or Fraudulent Statements or Related Acts. A. The MPO acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, 31 U.S.C. §3801 et seq. and U.S. DOT regulations, "Program Fraud Civil Remedies," 49 C.F.R. Part 31, apply to its actions pertaining to this program. The MPO certifies or affirms the truthfulness and accuracy of any statement it makes pertaining to the resultant contract or FTA assisted program for which this work is being performed. The MPO further acknowledges that if it makes, or causes to be made, a false, fictitious or fraudulent claim, statement, submission or certification, the federal government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on MPO to the extent the federal government deems appropriate. B. The MPO also acknowledges that if it makes, or causes to be made, a false, fictitious or fraudulent claim, statement, submission or certification to the federal government under a contract connected with a program that is financed in whole or in part with federal assistance originally awarded by FTA under the authority of 49 U.S.C. §5307, the federal government reserves the right to impose the penalties of 18 U.S.C. §1001 and 49 U.S.C. §5307(n)(1) on the MPO, to the extent the federal government deems appropriate. C. The MPO certifies to abide by these clauses and include the clauses in each subcontract financed in whole or in part with Federal Transit Administration funds. MPO further agrees that these clauses shall not be modified, except to identify the subcontractor subject to its provisions. D. All claims for compensation reimbursement and payment of any amounts due pursuant to this Agreement are governed by the Fraud Against Taxpayers Act, §§ 44-9-1 through 44-9-14 NMSA 1978. 9 23. Lobbying. An MPO receiving $100,000 or more of 49 U.S.C. §5303 funds shall file the Lobbying Certification required by 49 C.F.R. Part 20, “New Restrictions on Lobbying.” The Lobbying Certification is attached as Certification 2. The MPO must certify that it has not used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of a member of Congress in connection with obtaining any federal contract, grant or any other award covered by 31 U.S.C. §1352. If the MPO hires a contractor, the contractor must provide the Lobbying Certification to the MPO. Each tier below the contractor shall also provide a Lobbying Certification. Such disclosures are forwarded from tier to tier up to the MPO. 24. Officials Not to Benefit. Neither any member of the New Mexico Legislature nor any member of or delegate to Congress shall be admitted to any share or part of this Agreement or to any benefit that may arise therefrom. The provisions of this clause shall be extended to all public employees, officers, or tribal council members. 25. Energy Conservation. The MPO agrees to comply with mandatory standards and policies relating to energy efficiency, which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. 26. Clean Water and Air Requirements. A. The MPO agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, 33U.S.C. §§1251 et seq., and the Clean Air Act, 42 U.S.C. §§7401 et seq. The MPO agrees to report each violation to the Department and understands and agrees that the Department will, in turn, report each violation as required to assure notification to FTA and the appropriate United States Environmental Protection Agency Regional Office. B. The MPO agrees to include these requirements in each subcontract exceeding $100,000.00 and financed in whole or in part with federal assistance provided by FTA. 27. Debarment and Suspension. Executive Order 12549, as implemented by 49 C.F.R. Part 29, prohibits the MPO from contracting for goods and services from organizations that have been suspended or debarred from receiving federally- assisted contracts. MPO shall include the certification and instruction language contained at 29 C.F.R. Part 29, Appendix B, in all Invitations for Bids and Requests for Proposals (for inclusion by contractors in their bids or proposals) for all contracts expected to equal or exceed $25,000.00, regardless of the type of contract to be awarded. The MPO is required to verify that none of the MPO’s principals, as defined at 49 C.F.R. Part 29.995, or affiliates, as defined at 49 C.F.R. Part 29.905, are excluded or disqualified as defined at 49 C.F.R. Parts 29.940 and 29.945. By signing and submitting this Agreement, the MPO certifies as follows: The certification in this clause is a material representation of fact relied upon by the Department. If it is later determined that the bidder/MPO or 10  proposer/MPO knowingly rendered an erroneous certification, in addition to remedies available to the Department, the federal government may pursue available remedies, including but not limited to suspension and/or debarment. The bidder/MPO or proposer/MPO agrees to comply with the requirements of 49 C.F.R. Part 29, Subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder/MPO or proposer/MPO further agrees to include a provision requiring such compliance in its lower tier covered transactions. 28. Central Contractor Registration Requirements. Prior to payment of invoices, MPO must register and maintain current registration in the Central Contractor Registration website, http://www.sam.gov. Registration requires having a Dun and Bradstreet Data Universal Number (DUNS), see http://www.dnb.com . The Department will not provide vehicles, or make payments, until the MPO demonstrates that it is registered with the System for Award Management (SAM) website. 29. Federal Grant Reporting Requirements. Under the Federal Funding Accountability and Transparency Act, the Department is required to report on projects or activities, which are awarded federal grants of $25,000 or more. This information will be made available to the public on www.USASpending.gov. The type of information the Department is required to report includes: • Name of MPO receiving the award • Amount of Award • Funding Agency • NAICS code for contracts or the Catalog of Federal Domestic Assistance program number for grants • Program source • Award title descriptive of the purpose of the funding action • Location of the MPO, which includes the Congressional District • Place of performance of the program or activity, which includes the Congressional District • Unique identifier—DUNS—of the MPO and its parent organization, if one exists • Total compensation and names of the top five executives of the MPO. This information is required, if the MPO in the preceding year received eighty (80) percent or more of its annual gross revenues in federal awards, which exceeds $25 million annually, and the public has no access to this information under the Securities Exchange Act or the Internal Revenue Code. 30. Severability. In the event that any portion of this Agreement is determined to be void, unconstitutional or otherwise unenforceable, the remainder of this Agreement shall remain in full force and effect. 31. Scope of Agreement. 11 This Agreement incorporates all of the agreements, covenants, and understandings between the parties concerning the subject matter. All such covenants, agreements, and understandings have been merged into this written Agreement. No prior agreements or understandings, verbal or otherwise, of the parties or their agents shall become valid or enforceable unless embodied in this Agreement. 32. Applicable Law and Venue; Federal Changes. The MPO shall comply with all federal, state and local laws, ordinances, rules, warranties, assurances, and regulations applicable to the performance of this Agreement. This includes all applicable FTA regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the current Master Agreement by FTA. The MPO shall make as part of this Agreement between the Department and the MPO the assurances and warranties which were signed as part of the grant award. Venue shall be proper only in a New Mexico court of competent jurisdiction in accordance with NMSA 1978, Section 38-3-1(G). 33. Incorporation of FTA Terms. Provisions of this Agreement include, in part, certain Standard Terms and Conditions required by the U.S. DOT. All contractual provisions required by the U.S. DOT, as set forth in FTA Circulars 4220.1F, and 9040.1F, are incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Agreement. The MPO shall not perform any act, fail to perform any act, or refuse to comply with any Department request, which would cause the Department to be in violation of FTA terms and conditions, as referenced in the current Federal Transit Administration Master Agreement shall prevail and be the instrument governing the receipt of Federal assistance from the Federal Transit Administration. The Master Agreement can be viewed on the web at http://www.fta.dot.gov/grants/15072.html. 34. Amendment. The terms of this Agreement may be altered, modified or amended by an instrument in writing executed by the parties. Section 1. Program, details how such changes are to be approved and documented. 12 In witness whereof, each party is signing this Agreement on the date stated below that party’s signature. New Mexico Department of Farmington Metropolitan Planning Transportation Organization ____________________________________ ____________________________________ ___ Signature Loren D. Hatch, Deputy Secretary ____________________________________ Name/Title (please print) ____________________________________ ____________________________________ ____ Date Date Approved as to Form and Legal Sufficiency by the Department’s Office of General Counsel. ____________________________________ ____________________________________ ____ Date Cynthia A. Christ, Assistant General Counsel 13 ____________________________________ ____________________________________ City of Farmington General Counsel Date ____________________________________ ____________________________________ Farmington Metropolitan Planning Date Organization Technical Committee Chairman ____________________________________ ____________________________________ Farmington Metropolitan Planning Date Organization Policy Committee Chairman 14  EXHIBIT A PROGRAM REQUIREMENTS In addition to the requirements identified in Section 1, above, and 49 USC Section 5303 and 2 CFR 200, the MPO shall: 1. Act in the capacity as the designated lead agency for each Task identified in the Unified Planning Work Program (UPWP) and designate a point of contact. 2. Assure the development of the biennial UPWP and each Task. 3. Submit quarterly reports to the Department describing progress on each of the Tasks. Quarterly performance of each Task will be reported relative to the annual requirements as specified in each individual Task. 3. Abide by the annual resolution passed by the MPO Policy Committee approving the biennial UPWP in support of each transit planning Task for the Metropolitan Planning Area. 4. Coordinate activities and the planning processes, as appropriate, with local governments and their bureaus overseeing land use, environmental, economic and transportation planning; RTDs, RTPOs and other MPOs; and the Department’s Transit and Rail Division and District Offices. 5. Assure all data collected under this MOA is made available to the Department upon request by the Department. 6. Comply with the New Mexico Open Meetings Act, NMSA 1978, §10-15-1, et. seq. Notification to the Department’s Transit and Rail Division shall be transmitted by E- Mail. Provide for distribution of regular MPO meeting agendas and packets to member entities and to the designated Department Transit and Rail Division liaison not later than seven days prior to each meeting. 7. Develop and implement a Public Involvement Plan (PIP) in consultation with the Department, evaluate and report to the Department on the effectiveness of the PIP in contributing to transportation investment and policy decisions on an annual basis and refine as needed. 8. Designate a point of contact, develop and implement a plan and policies to assure Title VI compliance, maintain required documentation. 9. Develop and assure consistency between the Metropolitan Transportation Plan (MTP), the Transportation Improvement Plan (TIP), the UPWP and annual Performance and Expenditure (P&E) Reports. 15 10. The MPO shall take action on all written requests to the MPO for all Department changes affecting the TIP. 11. Assure that local entities submit detailed and accurate Project Information Forms, updated as needed to maintain consistency with the current TIP and Statewide Transportation Improvement Plan (STIP) to the Department to facilitate the timely preparation and execution of Local Government Agreements. 16  FARMINGTON METROPOLITAN PLANNING ORGANIZATION Agenda Item #4 Subject: 2040 Metropolitan Transportation Plan Prepared by: Fran Fillerup, MPO Associate Planner Date: July 9, 2015 BACKGROUND OR PREVIOUS WORK  Staff is drafting updates to the chapters of the Metropolitan Transportation Plan (MTP), and adding new plan elements as needed. CURRENT WORK  Chapter 13 – Financial Plan –The MTP includes a description of expected funding during the 2040 planning horizon. This chapter contains projections for funding based in the near term (5 years) on the TIP and local, state, and federal budgets. Beyond 5 years, best estimates have been made about future project costs, and the funding levels which may be available.  Federal legislation is also guiding funding by federal and state sources to maintenance of the transportation system. Performance measures, reviewed previously, will track the condition of the system and prioritize maintenance before funding for capacity expansion. CHAPTER DRAFT  The draft of the chapter text will be sent by e-mail. CHAPTER 13 FOR INFORMATION  Input will be sought on a draft of Chapter 13 of the 2040 MTP. 17  FARMINGTON METROPOLITAN PLANNING ORGANIZATION Agenda Item #5 Subject: Red Apple Transit- Proposed Route Changes Prepared by: Duane Wakan, MPO Planner Date: July 8, 2015 BACKGROUND or PREVIOUS WORK  The City of Farmington held public meetings to gather input on proposed route change options December 11, 2014.  The City of Farmington changed the transit service provider on March 1, 2015 (Ride Right LLC). The contract, which holds an initial one-year term with seven one-year renewal options, is valued at approximately $677,000 per year.  The City also hired a new Transit Manager, Andrew Montoya in the spring of 2015 who established a “Tiger Team” of experts assigned to investigate and solve technical problems relating to route changes.  The City of Farmington advertised route changes that went into effect on April 6, 2015. Route changes involved moving the Civic Center stop to the corner of Orchard and W. Animas Street. This change prompted minor start and stop times impacting the Purple, Green, Blue and Kirtland Routes. CURRENT WORK  Route changes are being proposed as a way to: (1) remove non-revenue miles; (2) add service to concentrated areas; (3) get workers into the COF by 8 am; (4) get students to San Juan College by 8 am; and, (5) provide a link with Navajo Transit.  Yellow Route: Remove 30th Street, N. Dustin stops and add 20th Street stop locations, as well as install bus signs.  Red Route: Adds Yarrow bus route and stop.  Blue Route: Adds Hastings Strip Mall, adds one stop on Main/Wall St., adds stop on Broadway/Commercial Ave., adds stop in front of Berg Park (Broadway)  Green Route: Removes Yarrow stop, adds SJC School of Energy stop.  Purple Route: Adds pre-existing stop Ute/Dustin, and Dustin/Brookside.  Kirtland Route: Adds transfer point in Kirtland, removes elementary stop and High school stop.  Aztec Route- No Change  Bloomfield Route: Install bus shelter at Library stop. ANTICIPATED WORK  Assist Red Apple Transit with transit mapping analysis, public meeting displays and other tasks as requested. INFORMATION ITEM  This is an information report requesting feedback from TC members. Staff will also present the proposed route changes impacting the City of Farmington at the meeting. 18  FARMINGTON METROPOLITAN PLANNING ORGANIZATION Agenda Item Subject: Information Items Prepared by: Fran Fillerup, MPO Associate Planner Date: July 7, 2015 INFORMATION ITEMS a. Northwest RTP Draft Release – The Northwest New Mexico Regional Transportation Plan has been released for public review and comment. The NW RTP was developed in conjunction with the Statewide NMTP and can be found online at http://newmexicotransportationplan.com/regional- plans/northwest/. Comments are due by August 6. b. 2 CFR 200 Training - August 18 at the Gateway Museum and Convention Center, 3041 E. Main St. in Farmington, recommended for fiscal agents and financial managers. Sign up by emailing Lee Cabeza de Vaca at lee.cabezadevaca@state.nm.us c. Joint Conference of Engineering and Planning – ASCE New Mexico Section and APA New Mexico will hold a conference on September 23-25 in Las Cruces. See http://sections.asce.org/newmexico/ or http://www.apa- nm.org/ webpages for more information. d. Other. 19  Draft TC Meeting Minutes June 30, 2015 MINUTES FARMINGTON METROPOLITAN PLANNING ORGANIZATION TECHNICAL COMMITTEE MEETING June 30, 2015 Technical Members Present: Bill Watson, City of Aztec Teresa Brevik, City of Bloomfield Cindy Lopez, City of Farmington Nica Westerling, Alternate, City of Farmington Dave Keck, San Juan County Technical Members Absent: David Sypher, City of Farmington Staff Present: Mary Holton, MPO Officer Duane Wakan, MPO Planner Fran Fillerup, MPO Associate Planner June Markle, MPO Administrative Aide Staff Absent: None Also Present: Habib Abi-Khalil, NMDOT District 5 Sherry Blackman, Sakura Engineering Brian Bobeck, City of Farmington PRCA Joyce Cardon, San Juan County Home Builders Association Brian Degani, NMDOT, Planning Liaison Larry Hathaway, San Juan County Richard Pena, NMDOT Daniel Watts, NMDOT David Quintana, NMDOT District 5 1. CALL TO ORDER Mr. Keck called the meeting to order at 10:09 a.m. 2. APPROVE THE MINUTES FROM THE MAY 14, 2015 TECHNICAL COMMITTEE MEETING Ms. Lopez moved to approve the minutes from the May 14, 2015 Technical Committee meeting. Ms. Westerling seconded the motion. The motion was passed unanimously. 20  Draft TC Meeting Minutes June 30, 2015 3. CONSIDER RECOMMENDING APPROVAL OF THE FTA MEMORANDUM OF AGREEMENT Subject: FTA Memorandum of Agreement Prepared by: Duane Wakan, MPO Planner Date: June 16, 2015 BACKGROUND or PREVIOUS WORK  The Memorandum of Agreement (MOA) serves as the planning contract between the MPO and the Federal Transit Administrations 5303 program.  The document identifies the responsibilities for carrying out the metropolitan transportation planning process between the MPO, NMDOT, and the fiscal agent serving the metropolitan planning area.  With the MOA, NMDOT and the MPO also enter into a contractual agreement to establish the terms and conditions for performance and payment.  The lead agencies legal department has reviewed and signed the document.  This is the first MOA that has come from NMDOT Transit and Rail Division. CURRENT WORK  FTA has presented the MPO with a MOA that covers a three-year period from July 1, 2018 to September 30, 2018.  The Unified Planning Work Program (UPWP) will need to identify specific 5303 planning task, scopes and funding estimates.  A 20% local funding match will continue to apply to all 5303 planning activities.  An annual audit of the 5303 Program will be required pursuant to 2 CFR 200 uniform administrative requirements, cost principles and audit requirements for Federal awards. ACTION ITEM  Staff recommends approval of the Cooperative Agreement to the Policy Committee as proposed by NMDOT. DISCUSSION: Mr. Wakan explained that the Federal Transit Administration (FTA) has authorized NMDOT’s Transit & Rail Division to issue a Memorandum of Agreement (MOA) with the MPO. This is the first time that the Transit & Rail Division has issued such an MOA. The proposed term of the MOA is July 1, 2015 to September 30, 2018. Mr. Wakan said the document identifies the responsibilities of the MPO to carry out the identified transit planning work and that the MPO’s fiscal agent and NMDOT work together to ensure financial invoicing and timelines are meeting state procedures. The MPO’s Unified Planning Work Program (UPWP) outlines the planning work the MPO anticipates completing during the term of the UPWP. The MOA states that the FTA and NMDOT Transit Division will review the UPWP to determine which 5303 transit activities will be funded. Ms. Westerling said the MOA spoke of the need for an annual audit and she asked if this audit had to be done by an outside agency or could it be done by auditors for the 21  Draft TC Meeting Minutes June 30, 2015 City of Farmington. Ms. Holton responded that the City of Farmington currently provides an annual audit to NMDOT as the fiscal agent of the MPO. The new transit audit requirement will be part of this standard annual audit. Mr. Wakan reported that as part of the MOA, training on 2CFR 200 will be required of MPO staff and representatives from the local entities’ financial departments. The training is scheduled for August 18 in Farmington and will detail the auditing requirements of the new MOA. Mr. Wakan stated that he had spoken with Ms. Marcy Eppler, Statewide Coordinator for the Transit & Rail Bureau and confirmed some new language to the MOA. Also, the Disadvantage Business Enterprise Certification, which is currently part of the MOA, may not be required. Once the new revised MOA has been received from NMDOT, the City of Farmington’s legal department will again need to review the document. ACTION: Mr. Watson moved to table recommending approval of the FTA Memorandum of Agreement until it has been completely revised and reviewed by the City of Farmington’s legal department. Ms. Lopez seconded the motion. The motion to table Agenda Item #3 was passed unanimously. 4. CONSIDER APPROVAL OF THE FFY2016-2021 TRANSPORTATION IMPROVEMENT PROGRAM (TIP) Subject: FY2016-2021 Transportation Improvement Program (TIP) Prepared by: Fran Fillerup, MPO Associate Planner Date: June 23, 2015 BACKGROUND  The TIP is a short-term program of projects expected to be completed in the next six years.  The TIP update process includes revising existing project information, adding new projects, and developing TIP priority lists.  A Call for Projects was issued on April 30, 2015 to start the TIP update process.  A Project Review Committee made up of a Policy Committee member, a Technical Committee member and MPO Staff reviewed the TIP projects on June 2. Scoring was completed using the MPO’s new projection prioritization method (PPM).  Attached are pages containing the overall ranking of projects included in the TIP Call for Projects, and supporting information showing average scores on the 10 goal-based criteria, inclusion in local ICIP documents, and information from the Review Committee’s Key Findings.  Projects already found in the 2014-2019 TIP were not required to be scored, though some entities chose to include them in the scoring.  Staff will present the current TIP projects and ranking based on the PPM on June 30. 22  Draft TC Meeting Minutes June 30, 2015  A 30-day public comment period on the new TIP was opened on May 27, 2015. CURRENT WORK  Staff met with the entities, Red Apple, and NMDOT individually to discuss any updates to their project information.  The draft TIP has been developed based on these meetings.  The TIP Priority lists will be reviewed and modified with the Technical Committee on June 30.  The STIP is scheduled to be updated summer 2015. PROJECTS FROM PREVIOUS TIP (2014-2019)  Those projects in the 2014-2019 TIP with funding occurring in 2016-19 are carried forward, are listed here, and detail pages from the TIP database are attached. o East Arterial Route Phase 2 (F100091) o East Pinon Hills Boulevard Extension Phase I (F100100) o East Pinon Hills Boulevard Extension Phase II (F100101) o US 64 Phase IV (F100110) o US 64 Phase V (F100112) o US 64 Phase VI (F100113) o Bridge Preservation: US 550 #9178 & #9179 (F100114) o Bridge Preservation: US 550 8243 & 8244 & US-64 7526 (F100115) o NM 173 (F100170) o CR 350/CR 390 Intersection (F100210) o Vereda del Rio San Juan River Trail Phase II (F100230) o Vereda del Rio San Juan River Trail Phase III (F100231) o Animas River Trail (F100240) o Animas River Trail (F100250) o Red Apple Transit Capital/Operating (TF00001) NEW PROJECTS TO ADD TO 2016-2021 TIP  The following projects have been identified to be added to the TIP and already have some level of local, state, and/or federal funding.  Detail regarding the funding is found on the attached pages from the TIP database are attached: o Kirtland Schools Walk Path - Approx. 3.4 miles of asphalt path and sidewalk, Total Project Cost of $1,000,000, fully funded through TAP and Local Match in 2016 and 2017. o East Pinon Hills Boulevard Extension Phase III - Approx. 2.1 of roadway, Total Project Cost of $8,000,000 locally funded for construction. o East Blanco - Approx. one-half mile, total project cost $2,000,000, currently partially funded with State Municipal Arterial funds and Local Government Road Funds totaling $769,364 and local match of $192,342. o Red Apple Transit Bus Shelter - Awarded TAP project $81,577 FUNDING and FISCAL CONSTRAINT  The TIP is required to be fiscally constrained. The projects listed have identified funding, or anticipated funding can be based on a reasonable 23  Draft TC Meeting Minutes June 30, 2015 expectation for available funds.  NMDOT District 5 anticipates that, for the years 2016 to 2019, no additional funds are available beyond the current funding already assigned to projects. In the years 2020 and 2021, there is approximately $10 million total which may be available. This is still unknown at this time. ACTION ITEM  It is recommended that the Technical Committee approve the projects in the fiscally constrained FY2016-2021 TIP. DISCUSSION: Mr. Fillerup explained that there are 15 projects (shown above) in the current FFY2014-2019 Transportation Improvement Program (TIP) that will be carried over into the FFY2016-2021 TIP. These projects have funding programmed in FFY2016 and beyond (see Page 12 and 13 of the Agenda). Four additional projects had funding identified and will be included in the FFY2016- 2021 TIP (see list above and are the top four projects shown on the next page). Using the new Project Prioritization Method (PPM), the MPO scored and ranked projects during the TIP Call for Projects, and that information is also provided. Mr. Fillerup also stated that there are projects (see projects #5-15 on the list on the next page) which have no funding identified nor have a reasonable expectation of receiving funding and are not being included in the TIP at this time. If funding is identified, they can be added by amendment. Mr. Fillerup reported that the TIP is required to be fiscally constrained. Of the projects that currently have programmed funds in the years 2016 to 2019, the value of those projects is $48,900,864. Although no clear picture is yet available on funding in the TIP’s outer years of 2020 and 2021, NMDOT anticipates approximately $5 million per year may be available. Once NMDOT’s completes their asset management plan, available funding will become more clear. Local funding has included all monies the entities anticipate spending. Mr. Fillerup said that of the four partially funded projects, the estimated need to fully fund these projects is $17,900,000. The project prioritization process was summarized by Mr. Fillerup. A scoring committee was formed comprised of Mr. Nate Duckett, Mr. Bill Watson, and MPO Staff. The list of projects scored and ranked by the scoring committee was reviewed by Mr. Fillerup and is shown on the next page in ranked order of priority. The Technical Committee members did not request a review of each individual project and were satisfied with the ranking of the projects. 24  Draft TC Meeting Minutes June 30, 2015 FMPO 2016-2021 TIP Call for Projects - Summary Score Sheet Rank Project Name Sponsoring Entity Total from 10 Total plan 1 Point for each Total Estimated Project Criteria and ICIP Key Finding Points Cost Points 1 East Pinon Hills Blvd Farmington 25.75 6 10 41.75 $13,265,454 Phase 2 2 Red Apple Transit Red Apple Transit 22.50 6 10 38.5 $1,110,000 3 Pinon Hills Bridge San Juan County 24.25 3 10 37.25 $8,000,000 Connection (CR 3900/ PHB Phase 3) 4 East Blanco Bloomfield 22.75 6 8 36.75 $2,000,000 5 Bridge Improvement San Juan County 23.25 3 8 34.25 $3,600,000 CR 5500 6 Aztec Ruins- Aztec 21.00 6 7 34 $293,460 Riverside Path 7 Foothills from Farmington 20.50 6 6 32.5 $1,100,000 Rinconada to Mesa del Oso 8 Riverside-Townsend Aztec 21.00 6 4 31 $321,000 Trail 9 Kirtland Walk Path San Juan County 22.75 0 8 30.75 $1,000,000 10 20th Steet Sidewalk Farmington 20.00 6 4 30 $340,590 Project Phase 3 11 Orchard Street Farmington 16.25 3 6 25.25 $2,200,000 Pedestrian Corridor 12 Anesi Trail Farmington 17.25 3 5 25.25 $338,132 13 College Blvd Bike Farmington 19.00 3 3 25 $190,000 Lanes 14 Lake Farmington Farmington 14.50 6 3 23.5 $384,000 15 Wildflower Mesa Farmington 18.25 0 4 22.25 $165,000 Sidewalk 25  Draft TC Meeting Minutes June 30, 2015 Mr. Fillerup referred to the handout provided separately to the Technical Committee: • Table 4 shows projects that are fully funded: Project Name Lead Agency Estimated Total Funding Project Cost Amt Red Apple Transit Capital/Operating Farmington $1,289,587 $1,289,587 Pinon Hills Bridge Connection (CR 3900/ PHB San Juan Phase 3) County $8,000,000 $8,000,000 San Juan Kirtland Walk Path County $1,000,000 $1,000,000 Animas River Trail Aztec $350,000 $350,000 Animas River Trail Aztec $547,805 $547,805 East Arterial Route Phase II Aztec $7,319,750 $7,319,750 Vereda del Rio San Juan River Trail Phase II Bloomfield $199,636 $199,636 Vereda del Rio San Juan River Trail Phase III Bloomfield $203,050 $203,050 San Juan CR 350/ CR 390 Intersection County $650,000 $650,000 US 64 Phase IV NMDOT D-5 $15,600,000 $15,600,000 US 64 Phase VI NMDOT D-5 $9,000,000 $9,000,000 NM 173 NMDOT D-5 $2,110,000 $2,110,000 Bridge Preservation: US 550 #9178 & #9179 NMDOT D-5 $260,000 $260,000 Bridge Preservation: US 550 8243 & 8244 & US-64 7526 NMDOT D-5 $933,900 $933,900 Red Apple Transit Bus Route Accessibility Farmington $81,577 $81,578 • Table 5 shows projects that are partially funded: Project Name Lead Agency Estimated Total Est. Project Cost Funding Amt Unfunded Amt East Pinon Hills Blvd Extension Phase II Farmington $13,265,454 $250,000 $13,015,454 East Blanco Bloomfield $2,000,000 $822,028 $1,177,972 East Pinon Hills Boulevard Extension Phase I Farmington $3,950,000 $3,700,000 $250,000 US 64 Phase V NMDOT D-5 $17,655,750 $14,198,714 $3,457,036 26  Draft TC Meeting Minutes June 30, 2015 • Table 6 lists the remaining projects form the TIP Call for Projects with no funding currently identified: Project Name Lead Agency Estimated Project Cost Bridge Improvement CR 5500 San Juan County $3,600,000 Aztec Ruins-Riverside Path Aztec $293,460 Foothills from Rinconada to Mesa del Oso Farmington $1,100,000 Riverside-Townsend Trail Aztec $321,000 20th Street Sidewalk Project Phase 3 Farmington $340,590 Orchard Street Pedestrian Corridor Farmington $2,200,000 Anesi Trail Farmington $338,132 College Blvd Bike Lanes Farmington $190,000 Lake Farmington Farmington $384,000 Wildflower Mesa Sidewalk Farmington $165,000 Mr. Watson asked why the Pinon Hills Boulevard Extension Phase II project as the number one priority in the region, is shown as only partially funded. Mr. Fillerup explained that although this is the region’s top priority, there is a shortfall of $13,015,454 and this bridge portion of the project is not fully funded. Ms. Westerling and Mr. Keck said there are some verbal agreements as well as a resolution with NMDOT to say the project will be funded, but it is correctly shown now as only partially unfunded. Mr. Quintana said the plan moving forward is that NMDOT has committed to funding $8,000,000 of this project with the City of Farmington to raise the remainder of the funding. Until the new STIP is adopted is October, this project will remain listed as partially funded. The MPO can indicate the projects that are of priority to the area, but has no funding to put toward any of the projects. Mr. Quintana noted that it was important to have a pool of projects from which to pull when federal, state, or local funding became available. The group discussed the need and value to ranking the projects according to a potential funding category/source and separated based on the specific type of project (sidewalk, bridge, etc.) because this is how they are ultimately selected for funding. This categorizing of projects would help explain that a trail project is not really competing against a bridge project because the funding for each would come from a different source identified for that project type. Mr. Quintana agreed that this is typically how NMDOT receives these lists and they are broken out by bridge projects, safety projects, roadway projects, and multi-modal projects. A sidewalk project ranked 20th overall in the region could receive TAP funding and be completed before the number one roadway project. 27  Draft TC Meeting Minutes June 30, 2015 Mr. Wakan said, that as the MTP is finalized, and for future TIPs, the projects will be categorized by project type. Mr. Quintana reiterated that this is how the other MPOs and RTPOs submit their TIPs. Mr. Degani agreed that prioritizing by category made sense and brought more clarity to the scoring criteria, and he recommended the MPO proceed on this basis for the future. Staff will begin using this process in the future for prioritizing projects and this separation by project type will be noted as the 2040 MTP Chapters are finalized. Continued Widening of US 64 Another aspect of the FFY2016-2021 TIP is the progression of the US 64 project. Mr. Fillerup said the MPO wanted to present on this again and noted that there are still three remaining phases to the project. Mr. Fillerup said that Staff had reviewed the early studies done in preparation for the widening of US 64. The early modeling anticipated growth with daily trips up to 45,000 in the year 2025 with a design speed of 70 mph. The data assumed that no alternate route would be developed to relieve traffic on the US 64 corridor. Staff wanted to pose the question about whether the widening project of US 64 should continue as planned. Some of the reasons to continue moving forward are: the early modeling showed anticipated future growth; includes elements of access management (implemented in the first three phases completed); concern by NMDOT about rescission (having to pay back funds already spent on past phases); funds could only be used for other projects along US 64 and US 550; if the project does not move forward and it was needed in the future, would funding then be available;. Ms. Westerling added that a signal at Madison Road (between Browning & Andrea Drive) was committed to as a part of the widening project and is a huge reason to complete the entire corridor to Browning Parkway. Mr. Quintana agreed that the priorities in the region may have changed over the years, but the NEPA document was conducted to complete the corridor from Bloomfield to Farmington. He commented that District 5 could be on the hook to FHWA for all monies spent to date on the project. Surveying for the next two phases of the project has been completed and the rights-of-way should be gathered over the next year. NMDOT has committed to FHWA that the entire corridor, from Bloomfield to Browning Parkway, would be completed. Mr. Fillerup noted some of the reasons not to continue with the project: alternative routes are now being developed (Pinon Hills Boulevard Extension to CR 390 which will feed trips to CR 350); early traffic counts were projected to be 45,000 AADT by 2025, but have actually been on decline; the divisive impact of road widening on land uses; lack of consideration for pedestrian crossings and accessibility on US 64 in Bloomfield; cost of Phases V and VI of the project is $26,655,750; and, does the state want to maintain the extra travel lanes? NMDOT is planning for asset management and considering “right-sizing” the transportation system in order to manage maintenance costs. The purpose of the presentation was to seek Technical Committee input on continuing the widening of US 64. Mr. Keck asked about the number of lanes leading up to 28  Draft TC Meeting Minutes June 30, 2015 Browning Parkway, and asked if it was practical to have a 2-mile stretch of four lanes with six lanes on either side. Mr. Watson answered that that is not practical. The consensus of the Technical Committee was to leave the US 64 widening project as is. Ms. Brevik recommended that consideration be given to pedestrians and that crosswalk improvements are implemented going forward. Mr. Quintana said NMDOT plans to tie into existing facilities and recognize crosswalks as the project moves closer to Farmington. Mr. Quintana acknowledged that access management is a big issue. Mr. Quintana reminded the members that TAP projects developed for the March deadline next year, any engineering costs that are 20% higher or lower that what has been programmed in the STIP, will require an amendment to the TIP. It is critical to inform the MPO of any changes (even on those projects funded with local funding) so that a TIP amendment can be approved. Mr. Fillerup concluded the TIP presentation by asking the Technical Committee to consider: • Any changes to prioritization? Mr. Keck restated that, in the future, the projects would be prioritized by project type; • Recommending approval of 2016 TIP (as presented or with modifications) • Consider providing an FMPO recommendation regarding future phases of US 64. ACTION: Ms. Brevik moved to recommend approval of the projects in the fiscally constrained FFY2016-2021 TIP. Ms. Lopez seconded the motion. The motion was passed unanimously. 5. RECEIVE A TIP PROJECT UPDATE Subject: Status of TIP Projects Prepared by: Duane Wakan, MPO Planner Date: June 16, 2015 BACKGROUND  The STIP Protocols, finalized in early 2014, indicate that each MPO shall develop a process to monitor the progress and status of each project in the first two years of the TIP.  MPO Staff has been conducting a monthly review of all FMPO TIP projects with the Technical Committee. These reviews have helped correct inconsistencies in the TIP, STIP, the MPO’s MTP and Agreement Request Forms (ARFs).  The Plans, Specifications, & Estimates (PS&E) deadline is July 15, 2015. CURRENT WORK  2014-15 TAP Projects are on track for PS&E completion by July 2015.  20th Street Sidewalks Phase I (FMTN) completed PS&E in early February  20th Street Sidewalks Phase II (FMTN) to complete PS&E in July  Vereda del Rio River Trail Phase II & III (BLMFLD) to complete PS&E in June/July  South Side River Road River Trail (FMTN) to complete PS&E in June/July 29  Draft TC Meeting Minutes June 30, 2015 INFORMATION ITEM  This is an information item only and Committee members will have an opportunity to provide feedback regarding TIP project status and details. DISCUSSION: Mr. Wakan presented a review of the 2014-2015 TAP projects and other TIP projects needing to meet the July 15 Plans, Specifications, & Estimates (PS&E) deadline. Mr. Lawrence Lopez of the North Region Design Center provided NMDOT updates for the projects as well. Mr. Wakan expressed his appreciation for the time Mr. Lopez spent on updating these projects for Staff. Southside River Road River Trail (F100220) - Plans are at 90% complete; - City of Farmington has scheduled the 90% review meeting with NMDOT staff in Santa Fe on July 10; - Possibility to host a GoTo Meeting for PS&E to be scheduled before July 15; - Most of the certifications have been completed; - New cooperative agreement to be signed by Farmington City Council on July 14; - Use of city’s own trail construction design standards; trail projects are new to everyone including the North Region Design Center and all are learning the correct standards and process. Ms. Blackman asked if the city’s construction standards could be used in lieu of the state’s construction standards. Mr. Quintana said he would follow up on this with Sally Reeves the construction engineer and make sure the ADA standards were adequately addressed. Mr. Pena said that with a multi-use trail, ADA standards might not even apply to the trail system itself. 20th Street – Phase II (F100131) - 95% design plans completed and submitted to Mr. Lopez on June 22; - Temporary Construction Easement (TCE) signatures being sought; City of Farmington City Attorney will be seeking those signatures next week. She has been approved by NMDOT for ROW purchases; - PS&E set for Friday, July 10. Ms. Westerling explained that the TCE is a temporary permit to allow the city to warp an owner’s driveway to meet ADA requirements. 20th Street – Phase 1 (F100130) - FHWA is satisfied with ADA issues and have accepted the City of Farmington’s proposal. San Juan Boulevard (F100200) - 90% design complete; - Some encroachment issues (car lot and bank facilities); - PS&E held last week; - TIP modifications to include an alteration to existing funding. 30  Draft TC Meeting Minutes June 30, 2015 CR 350/CR 390 (F100210) - County is ready and has been trying to set up a date for the 90% design completion and PS&E meeting. Waiting for NMDOT response. There was also some discussion on the Vereda del Rio trail project in Bloomfield. The construction portion of the trail was moved to 2016 in a TIP amendment and will be included in the new FFY2016-2021 TIP. Ms. Brevik stated that the environmental document for Phase III has been submitted and this is the final certificate. She is waiting on the PS&E and the draft contract documents will be sent to Mr. Lopez soon. Mr. Quintana said that any entity receiving 2016 TAP design funds and 2017 construction funds need to submit their agreement request forms now, so that they are ready by the October deadline. Mr. Wakan reported that Andrew Montoya is the new Transit Manager for the City of Farmington. He asked for NMDOT support for this newly appointed individual. ACTION: The report was received. 6. INFORMATION ITEMS Subject: Information Items Prepared by: Fran Fillerup, MPO Associate Planner Date: June 23, 2015 INFORMATION ITEMS e. Proposed new date for July TC meeting. With the next scheduled Technical Committee on July 9, MPO proposes to move the July meeting to July 16. f. Review of MPO Quarterly. The Farmington MPO hosted the MPO Quarterly meeting on June 17 and 18 in Aztec and Farmington. g. Other. DISCUSSION: Staff recommends that the July 9 Technical Committee meeting be moved to July 16. Most of the Technical Committee responded that this change in date would work with their schedules. Mr. Fillerup reported that the MPO Quarterly was held in Farmington and Aztec on June 17 and 18. There was a walking tour in Aztec on June 17 with the meeting following on June 18. NMDOT presence and participation was appreciated. Mr. Wakan added that this was a two-day event with best-practice presentations by each of the MPOs. MPO staffs met with each other separately on the first day and then on day two 31  Draft TC Meeting Minutes June 30, 2015 were joined by NMDOT staff. The two-day event was well received and this format will be continued for future quarterly meetings. 7. JOINT MEETING DISCUSSION ITEMS AND ADDITIONAL REPORTS FROM NMDOT 7a. – Project Updates by Entities & NMDOT Ms. Westerling asked about the right-of-way for the East Pinon Hills Boulevard extension, Phase I (F100100). Mr. Quintana said this would be best discussed outside of the meeting. 7b. NMDOT Organization Chart Mr. Abi-Khalil reported that with the recent retirements of Miguel Gabaldon, David Martinez, and the business manager along with one vacancy, District 5 is running lean. As Acting District Engineer, Mr. Abi-Khalil hopes to maintain their level of service and get the vacancies filled quickly. 7c. Communication & Project Management Concerns Mr. Keck said this item had been discussed on numerous previous occasions, but wanted to add the importance of everyone responding to each other in a timely manner. Ms. Westerling added it was also important to know that you are speaking to the correct person that can help answer questions or provide input on an issue. There was also some discussion as to the obscure nature of NMDOTs business model from the local entity’s perspective. Mr. Wakan thought that having an up-to-date organizational chart with contact information for the District, design center, and the Planning Division would provide a good reference for the entities and the MPO. Mr. Quintana commented that District 5 has the most local government projects so the design center has been extremely busy. Mr. Pena added that Mr. Lopez will be changing hats again within the North Design Center and they are working to hire another coordinator. If issues do arise, Mr. Pena asked that he be contacted. Mr. Abi-Khalil said they would be interviewing in the next few weeks to fill the district maintenance position. This process will likely take three months before the position is filled. Mr. Keck said he is concerned about the travel conditions on the secondary roads in the area (CRs 574, 511, and 173) and stated they were all in need of serious repair. He thought that having a maintenance person who lived in the area and traveled the local roads could help ensure the region’s roadway issues were addressed. Mr. Keck also mentioned a subdivision on CR 511 with terrible drainage issues and offered to share his knowledge of other trouble spots with the new NMDOT maintenance engineer. Mr. Abi-Khalil stated that the district tries to do as much as it can, but added that the needs district-wide are great and the funds limited. Ms. Westerling asked if applying some political pressure to the legislature helped to get funding or did this simply put more pressure on NMDOT. Mr. Abi-Khalil said he thought it was effective since they were recently given $75,000,000 in capital outlay money. 32  Draft TC Meeting Minutes June 30, 2015 Mr. Larry Hathaway expressed the impact on economic development in the area with the serious delays in obtaining driveway or access permits off of state roadways. Because this process has taken months, many business owners have given up and gone elsewhere. He thought that something needed to be done to expedite this process. Ms. Westerling added that a new business to the area is currently constructing their store even though they have not received an access permit. Ms. Holton added that with assistance from the Department of Economic Development, this business has been given the green light to submit the actual access permit and the permit is to be forthcoming. She added that this is only one of several new businesses that have been waiting months for an access permit. Mr. Quintana said he would follow-up with the traffic division to gain an understanding of the issues. Ms. Holton said Mr. Javier Martinez had been invited to speak to the group on access permits. Having online access to NMDOT’s Site Access Management Manual (SAMM) would provide a good resource for developers. The group discussed other access issues: - Dollar General north of Aztec on NM 516; - RV park in Aztec; - Freddie’s Restaurant in Farmington; deceleration lane added. Mr. Abi-Khalil said that SAMM is the guiding document for the traffic division, but variances can also be granted. He said the variance process works very well and they encourage developers to understand this and work with Mr. Javier Martinez to consider solutions. Ms. Holton added that the process does work but is extremely lengthy and has caused developers to back out of projects. The Community Development department with the City of Farmington is now encouraging developers they speak with to first address their access permit to a state facility before taking any other steps. NMDOT needs to consider that the length of time to review and approve the access permits has become an impediment to economic development. Mr. Hathaway added that the more economic development in an area, the more money and resources are drawn to the area. Mr. Wakan encouraged the use of the new TIP Template by the entities and NMDOT to notify the MPO of TIP changes/modifications and allows items to be more easily identified and tracked down. Ms. Brevik said it worked well after some training. 7d. Status of NMDOT Representation on the Policy & Technical Committees Mr. Wakan reported that the Joint Powers Agreement and Bylaws documents were amended to include NMDOT representation on both the MPO Technical and Policy Committees beginning October 1, 2015. The group discussed some of the concerns and expectations with this addition: • Consistent attendance by NMDOT on both committees so that FMPO can be fully represented; • Regular meeting attendance is expected of all members; • NMDOT typically assigns the District Engineer to the technical boards and an upper management official to the policy boards. For FMPO the recommendation 33  Draft TC Meeting Minutes June 30, 2015 was for the District Engineer to sit on both the Technical and Policy Committees; • Mr. Quintana’s schedule does not allow him to regularly attend the Technical Committee meeting. Could participate by phone and attend in person on a bi- monthly basis; • Consider holding both the Technical and Policy Committees on the same day. Need time between the meetings to prepare staff reports and to allow for recommended approval by the Technical Committee early in the month followed by approval by the Policy Committee later in the month; • Consider switching the meeting dates; • FMPO meeting calendar reviewed and approved annually. Calendar for 2016 will be considered in November and changes can be reviewed at that time; Also discussed again was the desire for a local representative: • FMPO is isolated; • Local representative who understands the needs and desires of the region; • Need NMDOT representative who understands the district-wide STIP. Local person would not be working directly with the STIP and would not have this knowledge; • All of resources are in Santa Fe; • Many areas of District 5 require a full day of travel due to the sheer geography of the area covered; • Value of having local representation is that they see the local concerns (6’ high weeds; “lake” in Kirtland) and residents can directly express their concerns to this individual; • NMDOT’s Area Maintenance Supervisor contacts District 5 everyday; NMDOT does best to respond quickly especially when aware of the issues; • Need David Quintana to regularly attend FMPO meetings to provide STIP expertise and become familiar with local issues and concerns. David Quintana – District 5 Update - Next Phase of US 64 is getting underway. Lee Acres Water Association is working ahead of the contractor to get water lines relocated. The contractor should begin construction soon. The next four miles of the project are being surveyed for design. - Design work on NM 173 is at about 30%; - A project outside of the MPO area is a bridge replacement on Highway 170 (La Plata Highway) and CR 574. NMDOT may have to close the bridge temporarily to enable the repairs to be completed more quickly and would result in a 35-mile detour. Ms. Westerling asked if NMDOT planned to post closure notices in the area ahead of the actual project. Mr. Quintana said they would be hosting another public meeting in La Plata and possibly Farmington and Aztec to notify residents in the area who use CR 574 that it will be closed to traffic. If possible, one-way traffic flow may be allowed through the construction zone. 34  Draft TC Meeting Minutes June 30, 2015 - Intersection of N36 and NM 371 – a PS&E is expected by the end of July for this project. Construction should begin in the fall and take a few weeks to complete. There will be some additional striping added to the intersection. Mr. Quintana offered the District’s assistance with any TAP projects. Mr. Watson said that the City of Aztec was waiting on concurrence from NMDOT and FHWA for the bids on Section IB of the East Arterial. Mr. Quintana said he would follow up with Mr. Lopez on the concurrence. Ms. Brevik asked if the punch list items for Phase 1 of the US 64 had been addressed. Mr. Quintana said NMDOT has packaged a separate project to address the punch list items from that first phase. Once state funding for this package has been identified, the punch list items will be addressed. Brian Degani – Planning Division Update/Comments The District 5 boundary is large and houses both the Santa Fe MPO as well as FMPO. There is no simple answer and no changes are anticipated. Mr. Degani will be hosting a traffic demand modeling training in October. This will help with alignments, traffic counts, and future forecasting. STIP coordination training will be held on July 23. Mr. Degani introduced Mr. Daniel Watts, the new planner who will be developing the Congestion Mitigation Air Quality-FLEX (CMAQ-FLEX) program. This program may be able to help with funding on Main Street, the 20th Street project, and possibly four or five intersections. This might also be considered for another east-west arterial in the region. Going forward, Mr. Watts will also be taking on the TAP program. 8. BUSINESS FROM THE CHAIRMAN, MEMBERS AND STAFF There was no business from the Chairman, Members and Staff. 9. BUSINESS FROM THE FLOOR There was no business from the Floor. 10. ADJOURNMENT Mr. Keck adjourned the meeting at 12:20 p.m. ___________________________ ___________________________ Dave Keck, Vice Chair June Markle, MPO Administrative Aide 35