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HomeMy WebLinkAbout4.A.1. Approval of Cooperative Agreement for Transitway/Managed Lane Study for TH 169 General Business 4. A. 1. SH.AKOPEE TO: Mayor and City Council Mark McNeill,City Administrator FROM: R.Michael Leek, Community Development Director DATE: 11/05/2014 SUBJECT: Approval of Cooperative Agreement for Transitway/Managed Lane Study for TH 169(E) Action Sought City Council is asked to authorize the appropriate City officials to enter into the attached cooperative agreement with Scott County for a transitway/managed lane study for TH 169. Background One of the spend down costs identified in connection with the consolidation of transit services with Minnesota Valley Transit Authority(MVTA). Scott County has committed up to$1 million for the study, and has secured commitments of about$250,000 each from the Metropolitan Council and Mn/DOT. The Cities of Shakopee and Prior Lake each have indicated they will commit$200,000 for the study from their transit fund balances. The Cities funds must be committed before the end of the year and the merger of the services on January 1,2015. The execution of the attached cooperative agreement for the study ensures that will take place before the end of the year.Also attached for the City Council's information is the work scope summary for this study. Recommendation Staff recommends that the City Council approve execution by the appropriate City officials of the cooperative agreement for the TH 169 Transitway/Managed Lane study. Budget Impact This item has no impact on the City's general fund budget.It is part of the planned spend down and transfer of funds as part of the transit consolidation Relationship to Vision This item relates to City strategic vision goal D.Maintain, improve,and create strong partnerships with other public and private sector entities. Requested Action Offer and pass a motion authorizing the appropriate City officials to enter into the cooperative agreement for the TH 169 Transitway/Managed Lane study. Attachments: Cooperative Agreement Work Scope CPT 169-04 TH169 Transitway Study County of Scott City of Shakopee AGREEMENT FOR PARTICIPATION IN TRUNK HIGHWAY 169 TRANSITWAY STUDY THIS AGREEMENT, made and entered into this day of , 20 , by and between the County of Scott, a body politic and corporate under the laws of the State of Minnesota, hereinafter referred to as the "County" and the City of Shakopee, a body politic and corporate under the laws of the State of Minnesota,hereinafter referred to as the "City". RECITALS: A. The County, Metropolitan Council, and Minnesota Department of Transportation (Mn/DOT) will be jointly working together, through Joint Powers Agreements, on the Trunk Highway (TH) 169 Transitway Study-County Project No. CPT 169-04 (hereinafter referred to as the Study). B. The Study will develop and evaluate alternatives for implementing a Bus Rapid Transit (BRT) Transitway and/or MnPASS Managed Lane on the TH 169 corridor between Scott County and downtown Minneapolis via I-394. C. The Study will analyze potential BRT alignment alternative designs, operations, connections to other planned transitways, and station locations as recommended in the recent Metropolitan Council Highway Transitway Corridor Study. D. The Study will analyze mobility improvements to support a MnPASS Managed Lane on TH 169 that provides congestion free options for bus transit, car/vanpools, and other commuters during peak rush hour periods. E. Recommendations, outcomes and implementation strategies from the Study will be available for inclusion in the City's local comprehensive plan update due by 2018. F. The Study will produce an implementation plan and coordinate implementation recommendations with other planned and programmed investments. G. The recommendations that come from this Study will benefit the residents and businesses in the City, by elevating the significance of the TH 169 corridor and keeping the County economically competitive in the region, and will serve as a basis for future funding priorities at both the local and regional level. H. The Study work shall be consistent with the scope of work identified in Exhibit B. I. A portion of the study area as described above lies within the City of Shakopee. CPT 169-04 TH169 Transitway Study County of Scott City of Shakopee J. The City has expressed its desire to participate in the cost of the Study on TH 169. K. The estimated total cost for the Study is approximately$1,200,000. L. It is contemplated that said work shall be carried out by the parties under the provisions of Minn. Stat. Sec. 162.17, subd. 1. NOW, THEREFORE, IT IS HEREBY AGREED: 1. All work shall be completed under the direction of the County,consistent with the scope of work for the TH 169 Transitway&MnPASS Lane Study. 2. The County shall act as the lead agency and will provide day to day project management for the Study. 3. The City agrees and desires to actively participate in the various technical and policy committees established for the study. 4. The City shall deposit with the Scott County Treasurer one hundred percent(100%)of the amount of Two Hundred Thousand Dollars and no/100 ($200,000.00) for the study within thirty(30)days upon execution of this agreement. 5. In the event that a dispute arises, the County and the City agree that all disputes between them arising out of or relating to this agreement shall be submitted, upon agreement of both parties,to mediation,with the cost being shared equally. 6. Since each party recognizes each other as a political subdivision of the State of Minnesota, each party shall maintain general liability and automobile liability coverage protecting itself, its officers, agents, employees and duly authorized volunteers against any usual and customary public liability claims to the limits prescribed under Minn. Stat. Sec. 466.04 and Workers' Compensation and shall be in accordance with the Minnesota statutory requirements. Said policies shall be kept in effect during the entire term of this Agreement. 7. All records kept by the City and the County with respect to the Project shall be subject to examination by the representatives of each party. All data collected, created,received, maintained or disseminated for any purpose by the activities of the County or City pursuant to this Agreement shall be governed by Minnesota Statutes Chapter 13, as amended, and the Minnesota Rules implementing such Act now in force or hereafter adopted. 8. Neither the County, its officers, agents or employees, either in their individual or official capacity, shall be responsible or liable in any manner to the City for any claim, demand, action or cause of action of CPT 169-04 TH169 Transitway Study County of Scott City of Shakopee any kind or character arising out of, allegedly arising out of or by reason of the performance, negligent performance or nonperformance of the hereinbefore described maintenance, restoration, repair or replacement work or provision of work as directed by the City, or arising out of the negligence of any contractor under any contract let by the City for the performance of said work; and the City agrees to defend, save and keep said County, its officers, agents and employees harmless from all claims, demands, actions or causes of action arising out of negligent performance by the City, its officers, agents or employees. 9. It is further agreed that neither the City, its officers, agents or employees, either in their individual or official capacity shall be responsible or liable in any manner to the County for any claim, demand, action or cause of action of any kind or character arising out of, allegedly arising out of or by reason of the performance, negligent performance or nonperformance of the hereinbefore described maintenance, restoration, repair or replacement work by the County, or arising out of the negligence of any contractor under any contract let by the County for the performance of said work; and the County agrees to defend, save and keep said City, its officers, agents and employees harmless from all claims, demands, actions or causes of action arising out of negligent performance by the County, its officers, agents or employees. 10. It is further agreed that each party to this agreement shall not be responsible or liable to the other or to any other person whomsoever for any claims, damages, actions, or causes of actions of any kind or character arising out of, allegedly arising out of or by reason of the performance, negligent performance or nonperformance of any work or part hereof by the other as provided herein; and each party further agrees to defend at its sole cost and expense any action or proceeding commenced for the purpose of asserting any claim of whatsoever character arising in connection with or by virtue of performance of its own work as provided herein. Each party's obligation to indemnify the other under this clause shall be limited in accordance with the statutory tort liability limitation as set forth in Minnesota Statutes Chapter 466.04 to limit each party's total liability for all claims arising from a single occurrence, include the other party's claim for indemnification, to the limits prescribed under 466.04. 11. It is further agreed that any and all employees of the City and all other persons engaged by the City in the performance of any work or services required or provided herein to be performed by the City shall not be considered employees, agents or independent contractors of the County, and that any and all claims that may or might arise under the Workers' Compensation Act or the Unemployment Compensation Act of the State of Minnesota on behalf of said City employees while so engaged any and all claims made by any third parties as a consequence of any act or omission on the part of said City employees while so engaged in any CPT 169-04 TH169 Transitway Study County of Scott City of Shakopee of the work or services provided to be rendered herein shall be the sole responsibility of the City shall in no way be the obligation or responsibility of the County. Any and all employees of the County and all other persons engaged by the County in the performance of any work or services required or provided for herein to be performed by the County shall not be considered employees, agents or independent contractors of the City, and that any and all claims that may or might arise under the Workers' Compensation Act or the Unemployment Compensation Act of the State of Minnesota on behalf of said County employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of said County employees while so engaged in any of the work or services provided to be rendered herein shall be the sole responsibility of the County and shall in no way be the obligation or responsibility of the City. 12. The provisions of Minn. Stat. Sec. 181.59 and of any applicable local ordinance relating to Civil Rights and discrimination and the affirmative action policy statement of Scott County shall be considered a part of this agreement as though fully set forth herein. In addition, upon entering into this agreement, the City certifies that it has been made fully aware of Scott County's Equal Employment Opportunity and Americans With Disabilities Act Policy, attached hereto and incorporated herein as Exhibit "A" through both oral and written communications. 12. The County's Authorized Agent for the purpose of the administration of this Agreement is Maria A. Heller, Supervisor Admin Services, or her successor. Her current address and phone number are Scott County Highway Department, 600 Country Trail East, Jordan, MN 55352, (952) 496-8369. The City's Authorized Agent for the purpose of the administration of this Agreement is Mark McNeill, City Administrator, or his successor. His current address and phone number are 129 South Holmes Street, Shakopee, MN 55379, (952) 233-9311. IN TESTIMONY WHEREOF, the parties hereto have caused this Agreement to be executed by their respective duly authorized officers as of the day and year first above written. CITY OF SHAKOPEE (SEAL) By And Brad Tabke,Mayor Mark McNeill, City Administrator Date Date COUNTY OF SCOTT ATTEST: By By Gary L. Shelton,County Administrator Thomas Wolf, Chair of Its County Board Date Date Approved as to form and upon proper execution, RECOMMEND FOR APPROVAL: will be legally valid and binding. By By Pat Ciliberto, County Attorney Mitchell J.Rasmussen, County Engineer Date Date http://teamscoop/te am/pwpmo/cpt 16904/Agreements/Agreement_Shakopee_169_Study.do c EXHIBIT A POLICY STATEMENT It is the policy of Scott County Government to provide Equal Opportunity to all employees and applicants for employment in accordance with all applicable Equal Employment Opportunity laws, directives, and regulations of Federal, State, and local governing bodies or agencies thereof, including Minnesota Statutes, Chapter 363A. Scott County will not engage in any employment practices which discriminate against or harass any employee or applicant for employment because of race, color, creed, religion, national origin, sex, disability, age, martial status, sexual orientation, or status with regard to public assistance. Such employment practices include, but are not limited to, the following: hiring, upgrading, demotion, transfer, recruitment or recruitment advertising, selection, layoff, disciplinary action, termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. Further, Scott County fully supports incorporation of nondiscrimination rules and regulations into contracts and will commit the necessary time and resources to achieve the goals of Equal Employment Opportunity. Any employee of the County who does not comply with the Equal Employment Opportunity Policies and Procedures set forth in this Statement and Plan will be subject to disciplinary action. Any subcontractor of the County not complying with all applicable Equal Employment Opportunity laws, directives, and regulations of Federal, State, and local governing bodies or agencies thereof, including Minnesota Statutes, Chapter 363A, will be subject to appropriate contractual sanctions. Scott County has designated the Employee Relations Director as the manager of the Equal Opportunity Program. These responsibilities will include monitoring all Equal Employment Opportunity activities and reporting the effectiveness of this program, as required by Federal, State, and local agencies. The Scott County Administrator will receive and review reports on the progress of the program. If any employee or applicant for employment believes he or she has been discriminated against, please contact the Scott County Employee Relations Director, Scott County Employee Relations, Government Center Room 201, 200 Fourth Avenue West, Shakopee, Minnesota 55379-1220, or call (952) 496-8103. - /a1/ 7/7 1/ L. helton Date Thomas J. Wolf Date Scott County Administrator Chair, Board of Commissioners EXHIBIT B U.S. 169 TRANSITWAY & MNPASS MANAGED LANE STUDY Sponsor Agency: Scott County (Funding)Partner Agencies: Minnesota Department of Transportation Metropolitan Council Hennepin County Scott County City of Prior Lake City of Shakopee U.S.Highway 169 Corridor Coalition Counties: Hennepin County Scott County Cities: City of Bloomington City of Eden Prairie City of Edina City of Golden Valley City of Hopkins City of Minneapolis City of Minnetonka City of Prior Lake City of St.Louis Park City of Shakopee Shakopee Mdewakanton Sioux Community Transit Providers: City of Prior Lake/City of Shakopee/Blue Xpress/MN Valley Transit Authority MetroTransit Southwest Transit Smartlink Study Purpose The study is intended to develop and evaluate alternatives for implementing a Bus Rapid Transit(BRT)Transitway and/or MnPASS Managed Lane on U.S. 169 between TH41 in Shakopee and Downtown Minneapolis via I-394. The study will also analyze in more detail potential BRT designs,operations,connections to other planned transitways,and station locations as recommended in the recent Metropolitan Council Regional Highway Transitway study. The study will also analyze spot mobility improvements that could support MnPASS Managed Lane to connect into the I-394 managed lane system and/or other transit improvements in the corridor. Scope of Work—Primary Tasks • Project Management • w/extensive stakeholder engagement • Needs Assessment • Including specific study goals and objectives identification • Develop Concept Option Layouts&Cost Estimates • Including evaluation criteria and measures • Travel Demand Forecasting&Modeling • w/more in-depth transit operations and ridership forecasting • Benefit/Cost Analysis • Develop Short and Long-Term Recommendations and Implementation Plan • Final Report • Community Outreach&Education Why are we doing this Study? The regional transportation system is shifting away from alleviating congestion by providing additional highway capacity for single occupancy vehicles and towards investments that support carpooling and a connected high-speed transit system. A multi-modal U.S. 169 corridor is needed to keep our communities competitive in the region. Previous studies have evaluated strong ridership potential for a station to station transitway service on U.S. 169. It is necessary to establish a vision for the U.S. 169 corridor to have the transitway incorporated into the Transportation Policy Plan and position itself towards implementation. What do we expect to gain from this effort? • A development vision that is realistic and community land use and transportation plan elements coordinated to support the vision. • A vision of a regional transportation system to support mobility within the corridor that is understood and supported by all communities. • Ensuring land uses and public infrastructure are planned in a manner that supports ridership and enhances livability and economic development surrounding the stations. • Quantify,categorize,and inventory the types of land uses we have today. • Identify future economic development opportunities,and prepare and organize economic development,marketing and workforce development strategies that ensure the transitway provides a strong return on investment. • Agreement on where and what major transportation and other infrastructure investments are needed to take advantage of and enhance the outcomes of our collective transportation efforts. • Provide an update to the 2009 MnPASS evaluation study. • Provide more detailed analysis to identify stations,guide way needs,ridership&costs. • Identify connections and opportunities to coordinate stations with other planned transitways including the Southwest/Green Line Extension LRT and American Boulevard BRT. • Have study supported and included as part of regional work program,including future updates to the Transportation Policy Plan. • Complete study in order to have final outcomes and recommendations available for inclusion in local comprehensive plan updates due by 2018. • Better position the U.S. 169 corridor for additional transportation funding. U.S. 169 TRANSITWAY & MNPASS MANAGED LANE STUDY Sponsor Agency:Scott County Partner Agencies: Minnesota Department of Transportation • Metro District* • District 7 • Central Office-MnPASS Metropolitan Council* Hennepin County Scott County** City of Prior Lake** City of Shakopee** U.S. Highway 169 Corridor Coalition** ** Funding Committed *Funding Commitment Expected Counties: Hennepin County Scott County Cities: City of Bloomington City of Eden Prairie City of Edina City of Golden Valley City of Hopkins City of Minneapolis City of Minnetonka City of Prior Lake City of Plymouth City of St. Louis Park City of Shakopee Tribal Government: Shakopee Mdewakanton Sioux Community Transit Providers: City of Prior Lake/City of Shakopee/Blue Xpress/MN Valley Transit Authority MetroTransit Plymouth MetroLink Southwest Transit Smartlink SMSC Land to Air Express SmartLink Study Purpose The study is intended to develop and evaluate alternatives for implementing a Bus Rapid Transit(BRT) Transitway and/or MnPASS Managed Lane on U.S. 169 between TH41 in Shakopee and Downtown Minneapolis via 1-394. Initially the study will examine at a screening level the potential for long haul service to the Makato area and extention of the BRT on US 169 north to the Blue Line. These screens are intended to determine if either of these service exentions merit further study in the more detailed feasibility work. One that is determined,the study will analyze in more detail potential BRT guideway designs,station locations, operations, and connections to other planned transitways using the recommends in the recent Metropolitan Council Regional Highway Transitway study along with other plans. The study will also analyze spot mobility improvements and/or strategic expansion on the US 169 corridr that could support MnPASS Managed Lane on the freeway segement of TH 169 to connect perhaps all the way to the 1-394 existing managed lane system,with potential 1 494 future managed lanes and/or other LRT, BRT&transit improvements in the corridor. The Feasiblity Study will build on the results of the Regional Highway Transitway Study and is the next step in the decision making process leading to transit-related investments in the US169 Corridor. The purpose of the Feasbility Study is 1. Identify the market(s)for transit service in the corridor 2. Identify the appropriate transit mode(s) and alignment(s)to serve the market area(s) 3. Determine where MnPASS will be be a part of the highway facility on the US 169 corridor and whether transit will be within that guideway. 4. Evaluate the identified transit mode(s) and alignment(s)to select a locally preferred alternative for advancement into environmental review. 5. Identify, engage and clearly communicate with, and obtain and incorporate meaningful input from key constituencies in the corridor regarding the transit markets, proposed alternatives, and evaluation results identified through the feasilibility study. 6. Develop a recommended course of action for advancing the corridor into environmental review and the FTA New Starts process Scope of Work—Primary Tasks • Project Management • w/extensive stakeholder engagement • Needs &Assessment • Including specific study goals and objectives identification • Existing Conditions/Projected • Housing • Employment • Express Ridership • Possible Fixed Route Connections • Park& Rides • Bus Shoulders Existing&Gaps • Regional Trails • Future Infrastuture opportunities • Nine Mile Creek Bridge Replacement • Screen Level Assesments(to determine feasibility study termini) • Long Haul Market Potential to Mankato • BRT potential to TH610 Blue Line Connections • Develop Concept Option Layouts&Cost Estimates • At least options(fixed guideway BRT only, Hybrid BRT, BRT with MnPass) 2 • Downtown Mpls Options (Target Field Station, Marquette • Including evaluation criteria and measures • Travel Demand Forecasting& Modeling • w/more in-depth transit operations and ridership forecasting • Benefit/Cost Analysis • Develop Short and Long-Term Recommendations and Implementation Plan • Transitway options to move forward to Environmental Review and further study • MnPASS spot mobility and strategic Expansion alternatives to move foreward to preliminary design/Environmental Review • Supporting Transit Service Plan • Land Use Considerations • Future Infrastucture recommentations • Community Outreach & Education • Website and Social Media • Translation Services • Respond to Public Comment • Stakeholder Working Groups • Staff Publci Meetings • Final Report Why are we doing this Study? The regional transportation investments are shifting away from alleviating congestion by providing additional highway capacity for single occupancy vehicles and towards investments that support carpooling and a connected high-speed transit system. A multi-modal U.S. 169 corridor is needed to maintain access for existing employment centers rand ultimately to keep communities sustainable and competitive. Previous studies have evaluated strong ridership potential for a station to station transitway service on U.S. 169. It is necessary to establish a vision for the U.S. 169 corridor to have the transitway incorporated into the Transportation Policy Plan's fiscally constrained scenario by amendment or at least with the next update in 2018. The study will further clarify the ridership opportunities,other connecting investments needed and what funding programs(New Starts,Small Starts,TIGER or new emerging programs likely to be inititated with the next federal reauthorization) are most suited to move the projet forward more quickly towards implementation. What is expected from this effort? • A development vision that is realistic and community land use and transportation plan elements coordinated to support the vision. • A vision of a regional transportation system to support mobility within the corridor that is understood and supported by all communities. • Ensuring land uses and public infrastructure are planned in a manner that supports ridership and enhances livability and economic development surrounding the stations. • Quantify, categorize, and inventory the types of land uses we have today. • Identify future economic development opportunities,and prepare and organize economic development, marketing and workforce development strategies that ensure the transitway provides a strong return on investment. • Agreement on where and what major transportation and other infrastructure investments are needed to take advantage of and enhance the outcomes of our collective transportation efforts. • Provide an update to the 2009 MnPASS evaluation study. • Provide more detailed analysis to identify stations,guide way needs, ridership&costs. • Identify connections and opportunities to coordinate stations with other planned transitways including the Southwest/Green Line Extension LRT and American Boulevard BRT. 3 • Have study supported and included as part of regional work program, including either amendments or future updates to the Transportation Policy Plan. • Complete study in order to have final outcomes and recommendations available for inclusion in local comprehensive plan updates due by 2018. • Better position the U.S. 169 corridor for additional transportation funding. 4