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HomeMy WebLinkAbout4.A.3. Cooperative Agreement for a Transitway/Managed Lane study for TH19 Consent Business 4. A. 3. SHAKOPEE TO: Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director DATE: 11/18/2014 SUBJECT: Cooperative Agreement for a Transitway/Managed Lane Study for TH19 Action Sought City Council is asked to authorize the appropriate city officials to enter into a cooperative agreement to study TH 169 as a future transitway corridor. Depending on funds that remain available from the City's transit funds, the City may contribute up to $200,000.00 to the study. Background The regional Transportation Policy Plan (TPP) does not designate TH 169 as a potential future transitway, despite its economic importance to the Region and indeed the State of Minnesota. The proposed study would be important in that it would evaluate the viability of the corridor as a future transitway corridor, and the potential forms that transit might take in this corridor. Participating in the proposed study would not commit the City of Shakopee to any specific transit or managed lane study. Recommendation It is recommended that the City Council authorize the appropriate City officials to enter into the cooperative agreement for the TH 169 transitway/managed lane study. Budget Impact There is no general fund budget impact. Any funds contributed to the study would be from the City's transit fund balance. 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 execute the cooperative agreement for a transitway/managed lane study for TH 169. Attachments: Cooperative Agreement 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 a 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. J. The City has expressed its desire to participate in the cost of the Study on TH 169. CPT 169-04 TH169 Transitway Study County of Scott City of Shakopee 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 an amount up to 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 of 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 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 CPT 169-04 TH169 Transitway Study County of Scott City of Shakopee 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 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 CPT 169-04 TH169 Transitway Study County of Scott City of Shakopee 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 is 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/team/pwpmo/cpt 16904/Agreements/Agreement_Shakopee_169_Study.doc 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. 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.