The URL can be used to link to this page

Home My WebLink About10D - Transit Mgmnt. Plan CITY COUNCIL AGENDA REPORT 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372-1714 MEETING DATE: April 19, 2004 AGENDA #: 10D PREPARED BY: Susan Walsh, Assistant City Manager AGENDA ITEM: CONSIDER APPROVAL OF RESOLUTION APPROVING A JOINT POWERS STUDY ADMINISTRATION AGREEMENT FOR A UNIFIED TRANSIT MANAGEMENT PLAN DISCUSSION: Historv: In March 2003, Scott County and the cities of Prior Lake, Shakopee, Savage, Belle Plaine, Elko, Jordan, New Market, New Prague and the Scott County HRA created a Transit Review Board and Transit Planning Team. The Mission for the Transit Review Board and Transit Planning Team is to Enhance the transit options of all Scott County residents through an intergovernmental best management process. In June 2003 the Transit Review Board, through funding provided by Scott County HRA, hired LSA Design to conduct an analysis on transit infrastructure and facility needs. Although the study recommended possible transit facility sites and related infrastructure; more importantly, the consultant identified the need for a more formalized plan that would determine how much service is needed, where service should operate and who will provide it. It was also concluded from this study that a countywide transit plan is essential in supporting future applications for state and federal funding. In August 2003, the Transit Review Board authorized the Transit Planning Team to prepare a Request for Proposals for a countywide transit management plan. Over the next few months, this document was drafted and ultimately finalized through the efforts of the members of the Transit Review Board, Transit Planning Team and Metropolitan Council staff members. The Request for Proposal to Provide a Unified Transit Management Plan for Scott County, Minnesota is attached to this agenda report. Current Circumstances: The purpose of this agenda report is to request City Council approval of the Joint Powers Study Administration Agreement. Approval of the Agreement will authorize the undertaking of the study through the Request for Proposal process, authorize Scott County to act as the fiscal agent and be responsible for the day-to-day management of the Request for Proposal and study processes. The RFP will be brought to the Transit Review Board before it is issued. The Transit Planning Board will review all proposals and present a recommendation to the Transit Review Board on award of the contract. Approval of the agreement will also obligate city funding in an amount not to exceed $28,000 to pay for the study. This amount represents a 200/0 share ofthe estimated contract cost of $140,000 (The contract cost estimate is actually $150,000 less the Met Council contribution of $10,000). If the final contract comes in less than $150,000, the city's obligation will be less. The SMSC has also me:.wf~.fBrior~ke'E&.m r..\nnr.IIM~NT~ aNn ~~TTIN~~\K'~I I VI\A\I nr. I $\T "liD l1F'V 1t\IT~RNET FllES'OLJ.<O' Ip~ COIIf>ICll REPORT APR 04.DOC Phone 952.447.4230 1 Fax 952.447.4245 committed $5,000 toward the contract costs that has not yet been factored in. If the proposals come in higher than the estimated amount, staff would seek further approval from the City Council if appropriate. The terms of payment and prorated share of costs for the project are as follows: · Scott County - 300/0 of the share not to exceed $42,000 · Prior Lake - 200/0 of the share not to exceed $28,000 · Savage - 200/c, of the share not to exceed $28,000 · Shakopee - 200/0 of the share not to exceed $28,000 · Scott HRA -100/0 of the share not to exceed $14,000 · Metropolitan Council - $10,000 · SMSC - $5,000 The term of this agreement will be effective through March 31, 2005 unless terminated earlier. Proposals from interested contractors are due on June 1, 2004. As this project moves forward, staff will give status reports to the City Council on the progress of the study. The Request for Proposal calls for the selected contractor to complete six tasks over a nine month time period with a final report due on March 11, 2005. Conclusion: Adoption of the attached Resolution approving the Joint Powers Study Administration Agreement authorizes the City of Prior Lake to participate in a transit study plan that will identify improvements in the delivery of transit services and infrastructure for the next five to twenty years. FINANCIAL IMPACT: Approval of the Joint Powers Study Administration Agreement will authorize expenditure of funds in an amount not to exceed $28,000. There are adequate funds in the transit enterprise budget to pay for this study. ISSUES: Working with Scott County and area cities to improve efficiency of the transit system within the County was identified as one of the City's 2020 Vision elements. Approval of this Agreement will address this element and support the City's desire to partnership with Scott County and area cities for the implementation of an efficient and well-coordinated transit service throughout the county. The City Attorney has reviewed the Joint Powers Study Administrative Agreement and Request for Proposal. ALTERNATIVES: (1) Adopt the resolution as proposed. (2) Take no action and provide staff with direction. RECOMMENDED MOTION: Alternative 1. lJ REVIEWED BY: C:\DOCUMENTS AND SETTINGS\KELL YM\LOCAL SETTINGS\TEMPORARY INTERNET FILES\OLKD\JPA COUNCIL REPORT APR 04.DOC RESOLUTION 04- 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372-1714 Motion By: Second By: WHEREAS, The City Council promotes and encourages collaborative action and partnerships with Scott County and area cities within Scott County; and WHEREAS, The City of Prior Lake is a member of the Scott Communities Transit Review Board and Transit Planning Team; and WHEREAS, The City Council agrees with the Scott Communities Transit Review Board and Transit Planning Team that there is a need to further study and make recommendation in the form of a plan for potential improvements in the delivery of transit service and infrastructure; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA that: 1. The recitals set forth above are incorporated herein. 2. The City Council hereby approves the Scott County Transit Review Board Joint Powers Study Administration Agreement, and the Mayor and City Manager are hereby authorized to execute the referenced agreement. 3. The City Council authorizes expenditure of funds in an amount not to exceed $28,000 from the transit budget for the City's share of the cost for the transit management plan. PASSED AND ADOPTED THIS 19TH DAY OF APRIL 2004. YES NO Haugen Haugen Blomberg Blomberg LeMair LeMair Petersen Petersen Zieska Zieska City Manager, City of Prior Lake www.cityofpriorlake.com Phone 952.447.4230 1 Fax 952.447.4245 SCOTT COUNTY TRANSIT REVIEW BOARD JOINT POWERS STUDY ADMINISTRATION AGREEMENT THIS JOINT POWERS AGREEMENT is made and entered into by and between Scott County, a municipal corporation, Government Center 300, 200 Fourth Avenue West, Shakopee, Minnesota 55379-1220, hereinafter referred to as the "County," Scott County Housing and Redevelopment Authority, hereinafter referred to as the "Scott HRA", the Metropolitan Council, the Shakopee Mdewakanton Sioux Community, hereinafter referred to as the "SMSC" and the Cities of Savage, Shakopee, and Prior Lake, hereinafter collectively referred to as the "Parties." RECITALS WHEREAS, the Parties are authorized to enter into contracts as a joint powers organization pursuant to Minnesota Statutes, Section 471.59, and WHEREAS, the Parties have a shared interest in reviewing and planning transit options for providing efficient services to the residents of Scott County, and WHEREAS, the communities of Scott County, including the County and the Cities of Shakopee, Prior Lake, Savage, Belle Plaine, Elko, Jordan, New Market and New Prague, and the Scott HRA have created a Transit Review Board, hereinafter referred to as the "TRB" and a Transit Planning Team, hereinafter referred to as the "TPT" under a cooperative agreement dated December 11, 2003, and WHEREAS, the Parties have, through prior undertakings, identified a need for further study and agreed upon the scope of such a study, setting forth those requirements in the Unified Transit Management Plan in Scott County, and WHEREAS, the Parties desire to participate in and share the cost of retaining a consultant to study and make recommendations regarding potential improvements in the delivery of transit services and transit infrastructure within the County and Cities. NOW THEREFORE, in consideration of the mutual undertakings and agreement contained within this agreement, the Parties hereby agrees as follows: 1. PURPOSE Recognizing that it is beneficial to all of the communities of Scott County, the TRB seeks to undertake a study, which will provide local decision-makers and planners with a comprehensive set of transit service design and operational alternatives for current and long-term planning. The process to effectuate this study shall include a Request for Proposals (RFP) from potential contractors, gathering of resources to finance the study, and oversight of the actual study. The Parties hereby agree to undertake the administration of such a study. The Parties have agreed that the County shall act as the fiscal agent for the purposes of this Agreement and shall be responsible for the day-to-day management of the RFP and study processes. 2. TERM This Agreement shall be effective from , 2004 and shall remain effective through March 31, 2005, the dates of the signatures of the Parties notwithstanding, unless earlier terminated as provided herein. SCOTT COUNTY TRANSIT REVIEW BOARD JOINT POWERS STUDY ADMINISTRATION AGREEMENT 3. TERMS OF PAYMENT A. Each party to this Agreement shall contribute to the Fund the amounts as set forth below: (1) County of Scott (2) City of Prior Lake (3) City of Savage. (4) City of Shakopee (5) Scott HRA (6) Metropolitan Council Thirty (30) percent of the project share not to exceed $42,000; Twenty (20) percent of project share not to exceed $28,000; Twenty (20) percent of project share not to exceed $28,000; Twenty (20) percent of project share not to exceed $28,000; Ten (10) percent of project share not to exceed $14,000; $10,000, which shall be subtracted from entire project cost before considering other Parties project cost share; and $5,000, which shall be subtracted from the entire project cost before considering other Parties cost share. (7) SMSC B. Additional sums may be obtained after this Agreement is in place and shall be a set dollar amount subtracted from the entire project cost before considering other party cost shares, adjusted in the same fashion as the contribution by the Metropolitan Council and the SMSC. C. The total fees and reimbursables for the contract shall not exceed one hundred fifty thousand dollars ($150,000) and fees may be paid in installments. 4. DUTIES OF THE PARTIES A. County's Duties: The County shall: (3) (4) (1 ) (2) Prepare an RFP, which shall be approved by the TRB; Act as the fiscal reporting and payment agent for the Fund on behalf of the Parties; As fiscal reporting and payment agent, the County shall: (a) Establish and maintain a deferred revenue account on behalf of the Parties. The deferred revenue account will use a Combination Account System; (b) Receive and maintain funds assigned by the Parties; (c) Disburse funds at the direction of the TRB; (d) Account for revenues and expenditures, including in-kind contributions, and produce financial statements as determined by the Parties; and (e) Provide financial reports as required by local governments and state and federal agencies; Act, upon the TRB approval of the recommended contractor, as the authorized agent of the TRB in the execution of a contract with the selected contractor; and Provide an employee to act as the Project Manager during the course of the actual study. B. Other Parties Duties. The Parties, excluding the County, shall: (1) Ensure that the approved scope of service is reflected in the RFP; (2) Authorize payment of all amounts due, as set forth in Section 3, to the Fund through the signature of the authorized agents; (3) Provide one employee to act as a representative in the contractor selection group; and · Through Minnesota Valley Transit Authority (MVT A) Page 20f7 SCOTT COUNTY TRANSIT REVIEW BOARD JOINT POWERS STUDY ADMINISTRA nON AGREEMENT (4) Pay the agreed upon contribution to the County within thirty (30) days of notification by the County of the effective date of the contract with the selected contractor. 5. COUNTY AND STATE AUDIT Pursuant to Minn. Stat. Section 16C.05, Subd. 5 (1998), the books, records, documents, and accounting procedures and practices of the Parties relative to this Agreement shall be subject to examination by the County and the State Auditor. Complete and accurate records of the work performed pursuant to this agreement shall be kept by the Parties for a minimum of six (6) years following termination of this agreement for such auditing purposes. The retention period shall be automatically extended during the course of any administrative or judicial action involving the County of Scott regarding matters to which the records are relevant. The retention period shall be automatically extended until the administrative or judicial action is finally completed or until the authorized agent of the County notifies the Parties in writing that the records need no longer be kept. 6. INDEMNITY Each Party shall indemnify, defend, and save the other Parties harmless from any and all claims, damages, lawsuits, losses, liabilities, costs, and expenses, arising out of any negligent act or omission on the part of any Party or its contractors, agents, servants, or employees in the performance of any of the work or services to be performed under the terms of this Agreement. Each Party's obligation to indemnify the other under this clause shall be limited in accordance with the statutory tort limitations provided in Minn. Stat. ~ 466.04 to limit each Party's total liability for all claims arising from a single occurrence, including the other Party's claim for indemnification, to the limits provided in section 466.04. The County shall be responsible for the professional quality, technical accuracy, and the coordination of all services furnished by the County under this Agreement. The County shall, without additional compensation, correct or revise any errors or deficiencies in the County's final reports and services. 7. LIABILITY The liability limits set out in Minnesota Statute Chapter 466 shall apply to this Agreement. This Agreement shall not act to aggregate the liability limits of the individual parties. 8. SUBCONTRACTS The County shall not subcontract any portion of the work to be performed under this Agreement nor assign this Agreement. 9. FORCE MAJEURE The Parties agree that the County shall not be liable for any delay or inability to perform this Agreement, directly or indirectly caused by or resulting from strikes, labor troubles, accidents, fire, flood, breakdowns, war, riot, civil commotion, lack of material, delays of transportation, acts of God or other cause beyond reasonable control of the County and the rest of the Parties. 1 o. DATA PRACTICES All Parties, their agents, employees and any of their subcontractors, in providing all services hereunder, agree to abide by the provisions of the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as amended, and Minn. Rules promulgated pursuant to Ch. 13. Page 30f7 ~............_---<..-.."".._.,..,...."",...,-,_...~----_..~"""".,.--.-..~~>-~,,,,~'_'"~"_~..~",._.........~.",.......,.....__._..,.,,,...,...,,,.,_.,-'-_n~""_,~",~",~",-=,,,,,,",,=""_",,,,,,,_,,__,,~,,--,,,,,,,~'.4-,"'_""~_'-"~"__..~.-......","~__..~_.~..___".,,,;__.....__._"",*^.~.~___._~_~...,___-,--.,.._~..~ SCOTT COUNTY TRANSIT REVIEW BOARD JOINT POWERS STUDY ADMINISTRATION AGREEMENT 11. TERMINATION This Agreement may be terminated upon occurrence of one of the following events: A. On March 31 , 2005; or B. By any Party, with or without cause upon thirty (30) days written notice to the remaining Parties and the Authorized Agent of the County; or C. Upon notification by the County that all of the Contractor services required in the contract have been satisfactorily completed. 12. FUND DISBURSEMENT Upon Termination of this Agreement, any unused funds shall be returned to the contributing Parties in the same proportion that initial contributions were made. 13. NOTICES Any notices to be given under this Agreement shall be given by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, addressed to the Scott Transit Review Board and to the authorized agent of the County, both addresses are one in the same as stated herein. The Parties are hereby notified that the authorized agent of the County is: John Mulcahy Scott County Administrator's Office 200 4th Ave. West Shakopee, MN 55379 14. CONTROLLING LAW The laws of the State of Minnesota shall govern all questions and interpretations concerning the validity and construction of this Agreement and the legal relations between the parties herein and performance under it. The appropriate venue and jurisdiction for any litigation hereunder will be those courts located with the County of Scott, State of Minnesota. Litigation, however, in the federal courts involving the parties herein will be in the appropriate federal court within the State of Minnesota. If any provision of this Agreement is held invalid, illegal or unenforceable, the remaining provisions will not be affected. 15. SUCCESSORS AND ASSIGNS The Parties, respectively, bind themselves, their partners, successors, assigns, and legal representatives to the other party to this Agreement and to the partners, successors, assigns, and legal representatives of such other party with respect to all covenants of this Agreement. No Party shall assign, sublet, or transfer any interest in this agreement. 16. EQUAL EMPLOYMENT AND AMERICANS WITH DISABILITIES In connection with the work under this Agreement, the Parties agree to comply with the applicable provisions of state and federal equal employment opportunity and nondiscrimination statutes and regulations. Page 40f7 SCOTT COUNTY TRANSIT REVIEW BOARD JOINT POWERS STUDY ADMINISTRATION AGREEMENT 17. CHANGES The Parties agree that no change or modification to this Agreement, or any attachments hereto, shall have any force or effect unless the change is reduced to writing, dated, and made part of this Agreement. The execution of the change shall be authorized and signed in the same manner as this Agreement. 18. SEVERABILITY In the event any provIsion of this Agreement shall be held invalid and unenforceable, the remaining provisions shall be valid and binding upon the parties unless such invalidity or non-enforceability would cause the Agreement to fail its purpose. One or more waivers by any Party of any provision, term, condition or covenant shall not be construed by any other Party as a waiver of a subsequent breach of the same by the other Party. 18. ENTIRE AGREEMENT It is understood and agreed that the entire agreement of the Parties is contained herein and that this agreement supersedes all oral agreements and negotiations between the Parties relating to the subject matter hereof as well as any previous agreements presently in effect between them relating to the subject matter hereof. 19. EFFECTIVE DATE This Agreement shall be in full force and effect when Parties sign this Agreement. This Agreement may be signed in counterparts, each as effective as the original. The signed Agreement, along with a certified copy of the resolution authorizing the Agreement, shall be filed with the County, who shall notify the Parties in writing of the effective date. Page 50f7 ,- "_""""",-.._.>-_._._O_""'~""_"_~.____"''''_''''' ~~"____o--_,,,,,.~",""',_,_,__.",__",,_,_,,__~,,,,~~ ..".. SCOTT COUNTY TRANSIT REVIEW BOARD JOINT POWERS STUDY ADMINISTRATION AGREEMENT IN WITNESS WHEREOF, the Parties hereto have set their hands on the dates written below. APPROVE AS TO FORM: COUNTY OF SCOTT County Attorney/Date By: Title: Date: Attest: Title: Date: CITY OF SAVAGE City Attorney/Date By: Title: Date: Attest: Title: Date: CITY OF SHAKOPEE City Attorney/Date By: Title: Date: Attest: Title: Date: CITY OF PRIOR LAKE City Attorney/Date By: Title: Date: Attest: Title: Date: SCOTT COUNTY HOUSING AND REDEVELOPMENT AUTHORITY Attorney/Date By: Title: Date: Attest: Title: Date: Page 60f7 SCOTT COUNTY TRANSIT REVIEW BOARD JOINT POWERS STUDY ADMINISTRA nON AGREEMENT METROPOLITAN COUNCIL Council Attorney/Date By: Title: Date: Attest: Title: Date: SHAKOPEE MDEWAKANTON SIOUX COMMUNITY Council Attorney/Date By: Title: Date: Attest: Title: Date: Page 7 of 7 REQUEST FOR PROPOSAL TO PROVIDE A UNIFIED TRANSIT MANAGEMENT PLAN FOR SCOTT COUNTY, MINNESOTA Due on June 1, 2004 .. UNIFIED TRANSIT MANAGEMENT PLAN REQUEST FOR PROPOSAL S COT T C 0 U N T Y BUDGET/P U R C HAS I N G REQUEST FOR PROPOSALS THIS REQUEST IS ISSUED TO ESTABLISH A CONTRACT TO SUPPLY SCOTT COUNTY WITH A COMMODITY OR SERVICE IN ACCORDANCE WITH THE ACCOMPANYING SPECIFICATIONS. CONTRACT NO: SPECIFICATIONS FOR: CONTRACT PERIOD: 04282004 Scott County Unified Transit Management Plan The contract period shall be a term of nine (9) months commencing on approximately July 16, 2004, and ending March 31,2005. SUBMIT PROPOSALS BEFORE PROPOSAL OPENING TIME TO: John Mulcahy Scott County Administrator's Office 200 Fourth Avenue West Shakopee, MN 55379-1220 Phone: 952.496.8597 Fax: 952.496.8180 E-Mail: jmulcahy@co.scott.mn.us PROPOSAL OPENING TIME AND LOCATION: 10:30 AM, June 1,2004 Scott County Administrator's Office 200 Fourth Avenue West Shakopee, MN 55379-1220 PROPOSAL DEPOSIT (SUBMIT WITH PROPOSAL): PERFORMANCE BOND: N/A The successful Contractor shall be required to furnish a performance bond in the amount of $2,000 upon executing a contract with the County. PROJECT MANAGER NAME & PHONE: John Mulcahy, 952.496.8597 STANDARD TERMS AND CONDITIONS: Enclosed in Proposal SPECIAL TERMS: AND CONDITIONS: The successful Contractor shall be required to sign a Scott County standard contract. (See exhibit A for specifications.) NOTE: Please send a reply stating a "no proposal" response, if your company wishes to continue to be retained on the Contractor list for the above category of commodities or services. Page 1 ^') /,~ !SCott '",'~-~'~""">---_""'~~''''''~.'''';''_'.....__^......_..-........-.,..,..oe.~'''_"-'" ,..".,'........... __., "_''''-_..,._~..".~.__~....~.".,."~d___',~^.._<...'''''''''-,~,.~~,.>..,-.,..~.ro....~....._."...,,"~^ UNIFIED TRANSIT MANAGEMENT PLAN REQUEST FOR PROPOSAL TABLE OF CONTENTS 1.0 GENERAL INTENT OF THE REQUEST FOR PROPOSALS 2.0 PROJECT 2.1 Introduction 2.2 Background 3.0 SCOPE OF WORK/SERVICES 3.1 Proposal Criteria 3.2 Pricing 3.3 Personnel 3.4 Supervision and Inspection 4.0 PROJECT BUDGET 5.0 REQUIRED INFORMATION 5.1 Proposal Organization 6.0 CONDITIONS FOR PROPOSAL SUBMITTAL 6.1 Proposal Format 6.2 Proposal Submission/Deadline 6.3 Retention of Proposals 7.0 PROPOSAL EVALUATION 7.1 Method of Award 7.2 Cancellation of Award 7.3 Evaluation Procedures 7.4 Criteria for Evaluation 7.5 Review/Selection Schedule 7.6 Negotiation Procedures 7.7 Oral Presentation 7.8 Rejection of Proposals 8.0 MISCELLANEOUS PROVISIONS 8.1 Contract Terms 8.2 Provisions for Joint Venture 8.3 Provisions for Sub-contract 8.4 Non-Discrimination 8.5 Funding Restrictions 8.6 Incorporation of Affirmative Action Requirements 8.7 Certificate of Compliance for Public Contracts 8.8 Lobbying 8.9 Limitations 9.0 EXHIBIT A: Sample Contract EXHIBIT B: Policy Statement EXHIBIT C: Planning Area Map 10.0 ATTACHMENT D: Cost Proposal ATTACHMENT E: Subcontractor Information ATTACHMENT F: Affirmative Action Certification Statement ATTACHMENT G: Contractor Facts ATTACHMENT H: References ATTACHMENT I: Acknowledged Addendum Receipt Page 2 '''.'. !SCott UNIFIED TRANSIT MANAGEMENT PLAN REQUEST FOR PROPOSAL REQUEST FOR PROPOSALS 1.0 GENERAL INTENT OF THE REQUEST FOR PROPOSALS 1.1 This Request for Proposals (RFP) outlines the nature and scope of a professional Unified Transit Management Plan, hereinafter referred to as "Report", for Scott County, 200 Fourth Avenue West, Shakopee, Minnesota. 2.0 PROJECT 2.1 Introduction As a result of present and future needs, Scott County is requesting proposals to provide a professional Report for Scott County communities. Scott County will contract with a Report provider to accomplish this requirement. The County Administrator's Office will serve as the manager of this service. 2.2 Background Scott County is interested in obtaining a quality Report that will uphold the prestige of the County with the general public and County employees. The Report provider personnel assigned must be experienced in public contacts, and be able to command the respect and compliance of the public and County employees. Therefore, Scott County is open to proposals that identify options to the work/services specifications given that will provide the required service in a cost effective manner. Scott County (www.scott.mn.us) is located Southwest of the Minneapolis Metro Area, Minnesota. The City of Shakopee is the County seat and is located approximately 39 miles south of Minneapolis, MN. POPULATION (CENSUS 2000; U.S. CENSUS BUREAU) · There was an increase of 55% from 57,849 (1990) to 89,498 (2000) during the decade of the 1990s. · There was an increase of 9% over a 12-month period (July 1, 2001 to July 1, 2002) from 98,100 to 108,000. · Largest percentage of married couples (67%) and households with children (47%) in 11- county metropolitan area (includes Chisago, Isanti, Sherburne, Wright). RACE & ETHNICITY (CENSUS 2000) · Minority racial and ethnic groups are increasing at a faster rate than the White population, but comprises less that 7% of the population. · 'Hispanic/Latino' comprise 2.6% (2,381) of the population. This is an increase of 485% since 1990, or from 406 to 2,381 people. · The largest MINORITY RACIAL group - Hispanic is an ETHNIC group - is 'Asian' at 2.1 % (1,946) of the population. This is an increase of about 270% since 1990. · 'Black of African American' is 0.9% (824) of the population. This is an increase of 91 % since 1990. Page 3 )../~ fSixJtt ,~..~,..,."~,"..~~_.~,---,"",......,----..-..._...,_.-.--.,...---........~--,~,,,"-,-~.........~."--~_.._~~,....~~._-~-~,. UNIFIED TRANSIT MANAGEMENT PLAN REQUEST FOR PROPOSAL · 'White' is 93.6% (83,813) of the population. This is an increase of 48% since 1990. AGE (CENSUS 2000) · The median age of the population is 33 years, 2nd youngest in 11-county metro to Sherburne County (includes Chisago, Isanti, Sherburne, Wright). · The County's 2000 population was older than the 1990 population. Persons in age groups 10 to 14 years and 25 to 64 years increased at a faster pace than the population as a whole. 3.0 SCOPE OF SERVICE FOR PREPARING THE REPORT 3.1 PROPOSAL CRITERIA 3.1.1 Background As the metropolitan area continues to grow, it has become increasingly apparent that travel patterns and the propensity to use transit varies widely by sub-region. Local planners have come to the conclusion that the area transit system of the future must be responsive to local travel and growth patterns, and it must offer some combination of convenience, comfort, frequency, travel-time advantage and safety while fitting into a larger, comprehensive network. At the Metropolitan Council's suggestion, Scott County convened a group to work on a study of transit needs within the County. The County Board and all of the Cities within Scott County accepted the findings of the 'Scott County Area Transit Studv', hereafter referred to as "SCATS" and adopted it as a guide for transit planning. The study's primary objectives were to conduct a comprehensive transit service performance and market analysis of transit systems that currently operate in the County; to further identify unmet needs and opportunities to enhance transit service. The result of this study has been the formation of Transit Review Board, hereinafter referred to as the "TRB" and Transit Planning Team, hereinafter referred to as the "TPT" whose charge is to continue planning and coordinating transit activities. 3.1.2 Vision The Vision acknowledged by the TRB is "to create a stronger voice through collaboration and open lines of communication, to foster efficient use of resources, and to champion additional transit service investments without duplication or additional layers of bureaucracy." 3.1.3 Mission Whereas the Mission is "to enhance the transit options of all Scott County residents through an intergovernmental best management process." A key process to best achieve the mission was that of considering the viability of soliciting state and federal funding under the current arrangement of these committees. Through the Scott County Housing & Redevelopment Authority, a firm was hired to conduct an analysis on transit infrastructure, facility and potential service needs with emphasis on park and rides, titled 'Scott County Transit Demand Analvsis'. Although the study determined grant potential and need, it did not address related transit service connections or operations. For the facility and infrastructure concepts to have success there must be a formalized plan determining how much and where service should operate, and who will provide it. This study is intended to provide local decision-makers and planners with a comprehensive set of near and long-term service design and operational alternatives. 3.1.4 Problem Page 4 ~ _'" ",",.,~,,"' "'^_^.....~,.,.~"~~.'...".M_,~.'"-"-',_.","-"""".,._._,,...._...""._..";""=,,_,_.....;.,,.~_ ._~.._'-..___;~,...."".,. ..^..""'~..,~_______~..._.--.- UNIFIED TRANSIT MANAGEMENT PLAN REQUEST FOR PROPOSAL There are shared, but largely unstated/unrealized visions for transit service, operations, development, and funding. Shared, in that Scott County communities, transit providers, and planning organizations collaborated on SCATS, resulting in a NACo Award and a Metropolitan Council Travel Demand Management Award. As well, Scott County communities, transit providers, and planning organizations formally endorsed SCATS. In terms of 'unstated', there is a relative lack of definition for transit providers service boundaries and need for answers to: What types of service should be provided? By whom and in what fashion? How services should be marketed and best regional representation? Furthermore, specifically: · There are unmet service orovider and svstem needs for sign age, fare boxes, bus shelters, larger commuter buses, park and ride development, hospitality service, Americans with Disabilities Act (ADA) Paratransit service, and roadway shoulder access; · There are unoaralleled numbers of service oroviders that include Prior Lake's Laker Lines, the Minnesota Valley Transit Authority via Savage, Shakopee Transit, Scott County Transit, and the Shakopee Mdewakanton Sioux Community charter service. Positive solution outcomes have been the Shakopee/Scott service contract, Highway 169 pilot project service, connections at the transit stations in Burnsville and Eden Prairie, the Dakota and Carver County service connections, and the existence of the Scott communities TRB and TPT which has already produced an independent park and ride demand analysis. · There is need to orioritize future strateaic investments for infrastructure, operations, specific service routes/location, and for funding and legislative initiatives; · There is need for individual service. ooeration and exoansion olannina claritv for individual service providers to clarify each provider's operational/service vision and relevant policy considerations, and limitations; · There is need for a detailed and unified communitv/reaional blueorint; and · There is a need to demonstrate stabilitv to attract fundina from state and federal resources that require a plan of action that has (local and regional) support. 3.1.5 Planning Area The study will focus on Scott County (including the Shakopee Mdewakanton Sioux Community, hereinafter referred to as "SMSC", Housing and Redevelopment Authority, hereinafter referred to as "Scott HRA", townships, and Cities of Belle Plaine, Elko, Jordan, New Market and New Prague), hereafter referred to as "County", and the Cities of Savage, Shakopee, and Prior Lake. For land use (and travel-shed purposes) the 1- 35W corridor of Burnsville and Lakeville will also be included in the planning area (see Attachment C for map). For service and operational analysis, emphasis will be on the Cities of Savage, Shakopee, Prior Lake and Scott County jurisdictions and the SMSC, while addressing relationships with Minnesota Valley Transit Authority (MVTA), SW Metro Transit (SW Metro), the Metropolitan Council, the Minnesota Department of Transportation (MnDOT), Metro Transit and other adjacent providers, Le., Dakota Area Resources and Transportation for Seniors (DARTS), Carver Area Rural Transit (CARTS) and Metro Mobility. 3.1.6 Goals The goal is to develop an improved and more cost-effective transit system reflecting land use and travel demands within and through the County through via an integrated solution that demonstrates stability for implementation and investment by ensuring that transit infrastructure needs within the County are being accommodated in transportation planning, by developing options for improved management of transit service within the County, and by realizing the best funding options for transit serving the County. Page 5 rSiiott "_"'~"''''~'>''''''.''''~''~~'_'''_''''''''_'_~_W''_'>~'''".,.'-.."'.....,_...,~.__.__.....~~'_".,,_..,_.._h~._,~._~_....._.._..._~e..._'~n",__'.....,,,._..'.~_,,__. UNIFIED TRANSIT MANAGEMENT PLAN REQUEST FOR PROPOSAL 3.1.7 Objectives · Using current studies and planning reports, identify strengths, weaknesses, and unmet demands for the existing status and funding levels needed, as well as providing five (5), and ten (10) year forecasts of transit needs and funding (benefit- cost analysis) levels needed. Include park-in-rides, shoulder access, signage locations, hubs/bench locations, transit facilities (i.e., stations, bus garage/maintenance, operations, and transit housing developments) considering current rail system and walking sheds, based on planned population growth, land use/development (and annexation), and road/highway improvements (with transit access points). Include location of routes and key corridors, types of transit service, system provider connections that could be added as population increases, and impacts from travel sheds into/through the Planning Area. · Identify (innovative) strategies to improve the reliability, speed, convenience, comfort, and image of transit service to enhance its attractiveness to existing and prospective passengers. · Using current data, studies and planning reports, develop a twenty (20) year forecast of transit needs and funding (benefit-cost analysis) levels needed that include park- in-rides, shoulder access, signage locations, hubs/bench locations, transit facilities considering current rail system and walking sheds, based on planned population growth and travel sheds into/through the Planning Area, land use/development and road/highway improvements. Include location of key transit corridors as population increases. · Review the existing transit programs management structure and funding structure, Le., three opt-out communities funded with Motor Vehicle Excise Tax (MVET) and one county funded through the Metropolitan Council's Community Transit Program, evaluate whether there would be better forms of management for the transit services proposed, and make recommendations, if necessary, for a different management structure and an accompanying funding (benefit-cost analysis) structure. Provide recommendations having considered some type of a joint venture, a unified contract through public or business provider, and independenUin-house concepts or some combination of the three. · Prepare a 'White Paper' on partnered public and private transit hub/station developments to include a benefit-cost analysis. · Prepare an implementation strategy for recommended changes, prioritizing steps and offering case comparison and contingencies to existing transit service and transit-friendly comprehensive planning. 3.1.8 Work Tasks · The study will consist of an analysis of the existing Planning Area performance and a compliance comparison with regional service design standards. It shall identify major traffic generators within and adjoining the Planning Area, and a summary of change recommendations to improve transit service operations in the area. These should be tied to a summary of significant area developments projected over the next five (5) to twenty (20) years with analysis of long-term service design and management alternatives suitable for the area. · The TPT is the group responsible for preparing the scope of service, providing the project support, recommending the Contractor and approving the study drafts. Page 6 ~ 4..... "^'.,_~"_,___.~,,, ~_'_"'.'_k,,,,-""h"""'"'_"""'_'_'''''.'''''''''''''''__''-.d'____"___~;"_""~_"~-'-"_'_';~_'_"""~'_'---"___""____"'-""'__~____~""">_._.~_~...~ UNIFIED TRANSIT MANAGEMENT PLAN REQUEST FOR PROPOSAL Among other roles, TPT shall provide existing and future land use and road/highway development maps, 2000 or the most current forecasted U.S Census demographics data, most current data/figures on land development costs and facility leasing, transit operating data and financial data, existing planning documents and pertinent materials. · The Contractor shall perform each Task individually and must provide summaries and recommendations. The proposal must separately identify the work, schedule, and costs for each of the six (6) Tasks, as well as prepare a format and timeframe for collecting relevant and accurate comparative data addressed in the Objectives and Tasks. This format and timeframe shall be distributed (and collected) amongst key transit providers, city and county staff, and planning organizations, while TPT shall provide the contacts and pre-inform them of its forthcoming. In addition, the proposal must separately identify the work, schedule, and costs for all parts of any Task relevant to the 1-35W corridor evaluation, including information and evaluation addressing the Cities of Burnsville and Lakeville. · The contractor shall separately indicate perceived costs associated with lodging, airfare, travel, and meals. · The Contractor shall attend one (1) open-house and make eight (8) presentations. The presentations will be before the [1] Scott communities Transit Review Board, the City Councils of [2] Shakopee, [3] Savage, and [4] Prior Lake, and the [5] Scott County Board of Commissioners, [6] Scott HRA Board, [7] Minnesota Valley Transit Authority Board, and [8] Metropolitan Council Board. · The Contractor shall review and understand relevant regional planning and policy documents provided by TPT. These shall include, but are not limited to the 'SCA TS'. 'Scott County Transit Demand Analvsis', 'Dan Patch Corridor StudY', 'Henneoin County SW Corridor StudY', '2000 Travel Behavior Inventorv', 'Cedar Avenue BRT Studv', the 'Metrooolitan Council Transoortation Policv Plan', including regional park and ride guidelines in Appendix J of the policy plan, and regional transit-way plans, including travel and walking sheds, and the 1-35W BRT study materials (currently underway), along with other studies. · The TPT shall determine the adequacy of each Tasks data (for content only) and decide whether additional data collection needs are required. At the discretion of the TPT, if the TPT can not provide the data, then the Contractor may be responsible for collecting any additional information required. The Contractor shall submit a proposed data collection cost per hour if such services are needed to complete the Tasks. · The Contractor shall prepare the data in written, tabular, graphic and Geographical Information System (GIS) formats. · The Contractor shall furnish, on completion of each Task, an electronic version of the Report in draft form to the Project Manager by: August 31,2004 for Task 1; December 31,2004 for Task 2; December 31, 2004 for Task 3; December 31,2005 for Task 4; January 31, 2005 for Task 5; and February 28, 2005 for Task 6. · The Contractor shall furnish electronically on CD the COMPLETE final Report and ten (10) hard copies, along with electronic PowerPoint(s) to the Project Manager and Page 7 rsi:ott _C""'~"_~~"'"__~.....,...-""....___..~......-_._.,." ~'"""+".""'.~.~..o.-'_'""""""'+'~>"'~_'_"""____""___,_~",,"_-........_~"'_"'_"~_""'_""~'~'_"""~'-.,_...".",,".,,",_.~.......~_.,q"...",.",~__,",."~""_,_".__""""""",~",~,__~",__~__""",,-,,--,,,,,,,,,",,,,,,,,,,,,,_______,.".,.,;~ UNIFIED TRANSIT MANAGEMENT PLAN REQUEST FOR PROPOSAL shall be prepared to have presentations and accommodate this request by and in accordance to the following time frames: March 11, 2005 for COMPLETE final Report and PowerPoint(s); and March 31, 2005 for Presentations. · The form of the Report and the scope of information included shall be subject to approval by the TPT. Following approval of each draft, of which Task 6 should be the final draft approved, the Contractor shall develop/incorporate each into the final Report and deliver an electronic version of the Report AND ten (10) hard copies to the Project Manager along with an electronic version on CD. The Contractor shall take the appropriate lead at all presentations of the Report. The Contractor shall be available to attend one (1) open-house and make eight (8) presentations. The presentations will be before the [1] Scott communities TRB, the City Councils of [2] Shakopee, [3] Savage, and [4] Prior Lake, and the [5] Scott County Board of Commissioners, [6] Scott HRA Board, [7] Minnesota Valley Transit Authority Board, and [8] Metropolitan Council Board. · The Contractor shall provide and include at a minimum to the Report an executive summary, an outline/list of figures, an introduction, a methodology, a list of resource/literature references, and an appendices with all the collected findings (survey responses, interview comments, maps, etc.). · The Contractor shall prepare PowerPoint presentations (for the open-house and of the final Report for presentations) that will become the property of the Scott communities TRB for its future use. 3.1.9 Task 1 -- Improve Current Transit Service into and Among Scott County Communities · Task One is to find strategies to improve the current transit service by: Identifying the markets and amount of transit service demand in Scott County, both currently as well as a five (5) year forecast; Identifying strengths, weaknesses, and unmet demands for the existing transit service, both currently as well as a five (5) year forecast; and Identifying changes to existing transit service to better meet various types of demand, to improve the reliability, speed, convenience, comfort, and image of transit service, and to enhance its attractiveness to existing and prospective passengers, both currently and for a five (5) year timeframe. · The TPT shall provide a compilation of transit operating and financial data for the Planning Area, including: Maximum load checks for routes into and out of the Planning Area; Route productivity trends (ridership, passenger per revenue mile and passengers per revenue hour); Farebox generated trip reports (also address transfers or lack of); Ride checks of routes, route segments and ridership by stop; Financials: service/capital/staff (public vs. private fleet contracting); Congestion, environmental and socio-economic impacts; and Employment, population, census, and housing data. · The Contractor shall be responsible for providing (in appropriate written and GIS formats): An analysis of the markets and demand for transit service, including: o The five (5) highest traffic generators within the Planning Area; o The main transit corridors within the Planning Area; Page 8 ^') /~ !SCott UNIFIED TRANSIT MANAGEMENT PLAN REQUEST FOR PROPOSAL The ten (10) top transit destinations outside and within the Planning Area; and The ten (10) highest "home based" trip origination zones in the Planning Area. · An analysis of the strengths, weaknesses, and unmet demands for the existing transit service, including: A comparison of existing service with regional service design standards, Le., frequency and stops/connections; A productivity analysis for each route and significant route segment by time of day (peak periods, midday, night) and day of week (weekday, Saturday, and Sunday). The analysis should include productivity indicators such as passenger per revenue mile and passengers per revenue hour compared with similar routes or route segments within the Planning Area. Route and route segment productivity should be compared with regional transit performance standards; A comparative evaluation of service design concepts by the types of geographical area (rural, free-standing cities, low density suburban, higher density suburban); A Region/system-wide service connection evaluation of the service design concepts with the plans of Scott County and surrounding entities: MVT A, SW Metro, the SMSC, Metro Transit, CARTS and DARTS; and An evaluation of the route structure's ability to serve the highest trip generators and destinations. · An analysis of changes to existing transit service needed to better meet various types of demand, improve the reliability, speed, convenience, comfort, and image of transit service to enhance its attractiveness to existing and prospective passengers, including: Identification of where various service types (i.e., paratransit, vanpools, flex, dial- a-ride, circulators, regular route, express and special event/contract service) should be used and the criteria for when service types should be changed due to development; Recommendations of changes to service routes/types to better match service with the market, vehicle type needed (cut-away, mid-sized bus, transit bus, coach, etc.), projections for the daily hours and number of vehicles to implement service alternatives, and ridership projections; Options for reverse service, where appropriate; Recommendations on product needs (i.e., fare boxes, bike racks on-bus, on- board digital displays, road signage, benches, and shelters); Maintenance needs; Project partnerships/relationships needs; Marketing needs, including improving the image and marketing of the transit service; Determining what the optimal mix of services are that can be funded within available resources and legal limitations on funding and how much money from what sources would be necessary to fund the optimal amount of service, provided through a relative benefit-cost analysis model; and Impacts (i.e., congestion environmental, and socio-economic) of improved transit service on highways based on current and potential reduction of single occupant vehicles. 3.1.10 Task 2 -- Identify Long-range Transit Infrastructure Needs Page 9 rs:;,. UNIFIED TRANSIT MANAGEMENT PLAN REQUEST FOR PROPOSAL Task Two will focus on long-range transit infrastructure needs, including the location of park and rides, hubs, shoulder access, and shoulder bus lanes. The goal is to identify key transit corridors as population increases, to identify key locations where land should be reserved for transit purposes, and to make changes to county long-range transportation processes to better account for the needs of transit. Estimates of ridership demand and optimal funding to meet this ridership demand in five (5), ten (10), fifteen (15), and twenty (20) years based on expected population growth should also be created. · The TPT shall provide: Geography of the planning area, including existing and future land use and road/highway development maps; Demography of the planning area, including 2000 US Census demographics data and County forecast data (Le., population, unemployment, labor force, household income, residence, age, race, gender), for compiling information on significant development efforts of affected municipalities within the Planning Area; Long-range land use and development plans of the County and municipalities A summary of significant development efforts of affected municipalities within the Planning Area; Most current data/figures on land development costs and facility leasing; Existing transit studies including the 'SCA TS'. 'Scott County Transit Demand Analvsis', 'Dan Patch Corridor StudY', 'Hennepin County SW Corridor Study', '2000 Travel Behavior Inventorv', 'Cedar Avenue BRT Studv', The 'Metrooolitan Council Transportation Policv Plan' and regional transit-way plans, including travel and walking sheds like the 1-35W BRT study materials (currently underway), along with other studies; and Regional park and ride guidelines contained in Appendix J of the 'Metrooolitan Council Transoortation Policv Plan'. The Contractor is responsible for understanding the comprehensive planning emphasis for the key communities within the Planning Area and how transit can serve the forecasted growth over the next twenty (20) years. The Contractor shall be responsible for providing (in written and appropriate GIS format): · A summary of interviews (by surveyor as needed by conversation) with selected staff from the Cities of Burnsville, Belle Plaine, Elko, Jordan, Lakeville, New Market, New Prague, Savage, Shakopee, and Prior Lake, the County of Scott (including Scott HRA) and of Dakota, as well as the SMSC, MVT A, SW Metro, Metro Transit, MnDOT, and the Metropolitan Council regarding local development initiatives, perceived transit needs, and transit initiatives; · Long-range transit service demand projections; · An estimate of the cost of providing transit service based on transit demand projections; · Identification of key transit corridors, including interconnection with potential future transit-ways; · Identification transit facility and infrastructure needs (i.e., bus shoulder lanes, shelters, park and rides, hubs, stations, and operations/garages). Locations should also support livable communities, pedestrian tails, and be relative to rail systems that could provide future passenger service where possible; · Identification of locations and where land should be reserved or acquired for future transit purposes (i.e., park and rides, hubs, shoulder bus lanes, transit access points, and pedestrian trails) in key transit corridors; · Identification of infrastructure and land development for transit purposes addressed in a benefit-cost analysis; and · Recommendations for adjustments to community planning efforts and the Scott County Transportation Plan that will allow for more effective transit delivery. Page 10 ~ _._..,".,....._....".__d','~.._,;_...""';_=-'._. _,_., "'~,.._,.__""''"''''~_~"'~"''''''''~..''''.--...-''''"'''.<..~,~_.__d.,'____'.,_,..._.__,''_,,_"."'_.'___"'.__~..-...._~" .... UNIFIED TRANSIT MANAGEMENT PLAN REQUEST FOR PROPOSAL 3.1.11 Task 3 -- Review the Current Management Structures and Funding for Transit The County currently has transit service provided in three cities by three separate opt-out communities and in the rest of the County by Scott County Transit. One opt-out city provides transit through a contract with the County, one directly through a contract with a private company and one through a consortium with other cities outside of the County. One of the opt-outs and the County provide vanpool and dial-a-ride while another provides regular and express service with the third opt-out providing only express transit service. The County also provides some regular route service. The County provides transit service directly and under contract to one of the opt-outs. Task Three will focus on developing options for different management structures for transit in Scott County. · The TPT shall be responsible for providing the Contractor with information on: Management/oversight structure (i.e., decision-making process, operating procedures, and audits); Budget (i.e., revenues and expenditures, capital plans, staffing levels, and transit contracts); and Agency coordination activities. · The Contractor shall be responsible for providing (in written format): Make staffing and facility recommendations; Review the existing transit programs management structures, evaluate whether there would be better forms of management for transit services, and make recommendations, if necessary, for different management structures and accompanying funding structures using a cost-benefit analysis. (Consider some type of joint venture, unified contracting, and independent or a combination.) Recommendations must take into account current restrictions on funding sources; Make recommendations indicating responsible jurisdiction roles (i.e., coordination and ownership); and Make recommendations for issues to be addressed in potential agreements among various entities. 3.1.12 Task 4 -- Long-term Funding Issues for Transit The County currently has transit service provided in three cities by three separate opt-out communities and in the balance of the County by the County. These are funded through two different methodologies: · Opt-out communities get a portion of the state's Motor Vehicle Excise Tax based on their proportion of their property tax base in relationship to the property tax base of all of the communities within the Transit Taxing District; and · County dial-a-ride service is funding on a performance-based contract with the Metropolitan Council based on ridership. The performance-based contract essentially states that the Council will pay for 3/Sth of the cost of a ride, with the County being responsible for the balance from fares and from County revenues. Over the long-term a significant amount of population will move beyond the current Transit Taxing District boundaries. Currently for certain opt-out communities, thirty (30) percent of ridership is coming from outside that community. Yet funding is based on individual city property tax bases and doesn't adjust with changes in ridership or for external riders. This strains resources and creates an inequality in benefits received vs. costs borne. Page 11 '" /_. !SCott UNIFIED TRANSIT MANAGEMENT PLAN REQUEST FOR PROPOSAL Task Four will focus on developing long-range funding alternatives benefit-cost analysis for transit and for addressing demands for transit service outside the transit taxing district. · The TPT will provide information on: Current funding sources (i.e., types of funds, allocation methodologies, and restrictions on funds); The transit taxing district (boundaries, history); and Funding alternatives and their history in the State of Minnesota (MVET, local option sales tax, property tax, payroll tax, tab revenues, gas tax, others). · The Contractor shall be responsible for providing (in written format): Recommendations on different approaches to long-term transit funding; Recommendations for funding strategies for the various types of services; and Recommendations on how to address the funding issues of ridership coming from beyond the transit taxing district including criteria for expanding the transit taxing. 3.1.13 Task 5 -- Public/Private Transit Hubs and Station Developments Task Five is to develop a better understanding of public/private transit hub/station developments. · TPT will provide most current data/figures on land development costs and facility leasing. · The Contractor will prepare a 'White Paper' on partnered public and private transit hub/station developments. This will include: A National Level History of developments of this type; An overview of facilities of these types currently in Minnesota; A best practices recommendation for these types of development to include a benefit-cost analysis; and Recommendations for transportation policies for the County regarding these types of developments 3.1.14 Task 6 -- Unified Strategy The Contractor shall prepare a best implementation strategy on the recommendations, prioritizing steps with consideration for contingencies, while providing case comparisons (where applicable). 3.2 PRICING Contractor shall hold its pricing firm and subject to acceptance by Scott County for a period of ninety (90) days from the date of the RFP opening. Rates charged shall be comparable to those charged for similar projects in the State of Minnesota, while allowing the Contractor to realize a reasonable profit and assuring the public and employees satisfactory and quality services. 3.3 PERSONNEL 3.3.1 Contractor employees shall wear an ID badge. Page 12 ^l..F~ !SCott UNIFIED TRANSIT MANAGEMENT PLAN REQUEST FOR PROPOSAL 3.3.2 Employees found objectionable to the County Administrator or designee shall be subject to dismissal. 3.4 SUPERVISION AND INSPECTION The County Administrator's Office, or designate, shall conduct periodic inspections to ensure that the Contractor is complying with all provisions of the contract. 4.0 PROJECT BUDGET The estimate for the Report contract is between $100,000.00 and $150,000.00. 5.0 REQUIRED INFORMATION NOTE: It is to our mutual advantage for a firm's proposals to be as thorough and detailed as possible so that the County may properly evaluate capabilities to provide the required services. Any additional information, services, or refinement of work efforts that will assist in the completion of this initiative can be added to any submittal. 5.1 Proposal Organization The proposal should consist of the following information in the outline indicated. 5.1.1 General Information 5.1.1.1 Identify the firm and its legal status (i.e., corporation and partnership). 5.1.1.2 Provide a brief statement on the firm's background, organization, and size with specific attention to the firm's previous similar Report experiences of similar scale, complexity, and budget. 5.1.1.3 Address the record of meeting estimated budgets and timeframes. 5.1.2 Understanding/Statement of Interest 5.1.2.1 Provide a Letter of Interest. 5.1.2.2 Indicate the firm's knowledge and understanding of the Report. 5.3.1 Service Approach 5.3.1.1 Address in general terms the approach that will be taken to accomplish the required services. 5.3.1.2 Include in the proposal the Report plan and any innovative methods or concepts that might be recommended as being particularly beneficial to the Scott County. 5.4.1 Personnel 5.4.1.1 Indicate the number of employees trained and available to provide the required services. Identification and resumes of personnel to be directly involved in this project, including subcontractors. Evidence that the Contractor meets the requirements for insurance specified by County Risk Management. Indicate the earliest date the firm could begin conducting the Report. 5.4.1.2 5.4.1.3 5.4.1.4 Page 13 ~ UNIFIED TRANSIT MANAGEMENT PLAN REQUEST FOR PROPOSAL 5.5.1 Examples of Related Work Experience/References 5.5.1.1 Include a minimum of three c1ientslreferences for which the firm has provided similar Reports to those being requested. In particular, references should be included for any government, municipal, county, or state agencies. PRE-ESTABLISH AUTHORIZATION TO CONTACT THEM. The Contractor MUST complete and include the attached Reference form. (See Attachment H for form.) 5.5.1.2 Identify future projects now under contract to the firm or reasonably expected within the next nine (9) months. 5.5.1.3 Identify current workload of firm and personnel assigned to project as well as proposed completion date. 5.6.1 Qualifications Statement 5.6.1.1 Describe your firm's most significant qualification for providing a study similar to the Report. 5.6.1.2 Provide any other information that the Contractor believes is relevant to help evaluate its qualification. 5.7.1 Fee Structure Proposal The Contractor MUST complete and include the attached Cost Proposal form with their proposal. (See Attachment D for form.) 5.7.1.1 The Cost Proposal shall include: · Complete enclosed forms. · Additional cost proposals are acceptable. The Contractor shall separately indicate perceived costs associated with lodging, airfare, travel, and meals. The proposal must separately identify the work, schedule, and costs for each of the six (6) Tasks separately including PowerPoint and Presentation, as well as prepare a format and timeframe for collecting relevant and accurate comparative data addressed in the Objectives and Tasks. The proposal must separately identify the work, schedule, and costs for all parts of any Task relevant to the 1-35W Corridor evaluation, including information regarding the Cities of Burnsville and Lakeville. 5.7.1.2 5.7.1.3 5.7.1.4 5.7.2 Data Practices The Minnesota Data Practices Act provides that the names of Contractors are public once the proposals are opened. With the exception of trade secret information as defined in Minnesota Statutes, section 13.37, all other information submitted by a Contractor in response to this RFP becomes public at the times specified in the act and is then available to any person upon request. Trade secret information is defined in section 13.37 as data, including a formula, pattern, compilation, program, device, method, technique, or process: 1) that was supplied by the Contractor; 2) that is the subject of efforts by the Contractor that are reasonable under the circumstances to maintain its secrecy; and 3) that derives the independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use. Any information in response to this RFP for which the Contractor claims protection as trade secret information in accordance with the above provisions must be limited and set apart in the RFP response on separate pages, with a heading that identifies the information as trade secret information. The County will make the ultimate determination whether the information meets the applicable definition. Any information submitted in Page 14 rSi:ott '*....;..,.,~x..'>,_.;,.~_,...._,.""""..........."'<..;..._,._._~,.~ .... _._ .,,-' -""""'<~ ,_~"~_"",~_~,,,-~,,,,,~,,,,,,,,,~_,,,,,,,,,__......~-=.........~.......~_,,",,.~;.,_,..,,,,._._....._;=r."., ,,,.,,,,_."._~...~..,~,,_,'....._._~.,,"..~~__.,;,_.._.^~..'"_~"~"""""""."""'..;~_~_._...".,.~""""._. ~,--""".,.",",,,.,.",,.,__,...-......,,, UNIFIED TRANSIT MANAGEMENT PLAN REQUEST FOR PROPOSAL response to this RFP that does not meet the legal definition will be considered public information, regardless of the Contractor's identification of it as trade secret information. Contractors are advised that blanket-type identification by designating whole pages or sections as containing trade secret information will not assure protection - the specific information for which the Contractor claims trade secret protection must be clearly identified as such. 6.0 CONDITIONS FOR PROPOSAL SUBMITTAL 6.1 Proposal Format The proposal should be submitted on 8-1/2" x 11" soft bound sheets. 6.2 Proposal Submission/Deadline The Contractor shall furnish, on completion of each Task, an electronic version of the Report in draft form to the Project Manager by: · August 31,2004 for Task 1; · December 31,2004 for Task 2; · December 31,2004 for Task 3; · December 31,2005 for Task 4; · January 31, 2005 for Task 5; and · February 28,2005 for Task 6. The Contractor shall furnish electronically on CD the COMPLETE final Report and ten (10) hard copies, along with electronic PowerPoint(s) to the Project Manager and shall be prepared to have presentations and accommodate this request by and in accordance to the following time frames: · March 11, 2005 for COMPLETE final Report and PowerPoint(s); and · March 31 , 2005 for Presentations. Firms are required to submit ten (10) copies of their proposals, one (1) original and nine (9) copies, to the following address by June 1, 2004, at 10:30 a.m. Late proposals will not be accepted. John Mulcahy Scott County Administrato"-s Office 200 Fourth Avenue West Shakopee, MN 55379-1220 Phone: 952.496.8597 Fax: 952.496.8180 EMail: jmulcahy@co.scott.mn.us Proposals must be endorsed with the signature of a responsible official having the authority to bind the offer or to the execution of the proposal. Each proposal must be submitted in a sealed envelope prominently marked on the lower left side as follows: UNIFIED TRANSIT MANAGEMENT PLAN PROPOSAL DUE DATE: 10:30 a.m., June 1,2004 COMPANY NAME: Failure to do so may result in a premature opening of, post-opening of, or failure to open that proposal. Facsimile, oral, telephone, or telegraphic proposals are invalid and will not receive consideration. Page 15 ')./'. rsrou '.. ...<.....,."-..~.~.....,.._;_.,.~_...--.._,"'._...."'~._'-_.~.....,'''_._~_,.........,_..~___..-"'....~~........,_._.,..,' _..,.~ A"'_'_ ~ "~~.,,,~,..,,",,_.u,,,~,_~,~.~_''''~~'~'''''''~''~___'''_ "~,...,_~_~.__,,~,~, "'"';"'-'-"_""40''''''',~,_."__,_,_",_c-_~~"""_,,,,,~,,,,,,,,,,,,,,,_",,",_____,..'_......~_..._.,..,',._..._..,..,~,"_.~_"'^"'"""_~....._."_.--..._.__...~_~~._..~. UNIFIED TRANSIT MANAGEMENT PLAN REQUEST FOR PROPOSAL 6.3 Retention of Proposals Submitted proposals shall not be copyrighted. Upon submission, all proposals become the property of Scott County, which has the right to use any ideas presented in any proposal submitted in response to this RFP, whether or not the proposal is accepted. 7.0 PROPOSAL EVALUATION 7.1 Method of Award The County of Scott considers the subject matter of this proposal to be a professional service. As a professional service it is not subject to the provisions of the County Local Government Budget/Purchasing Act and the award, if made, will not be subject to the provisions of that statute. Although economic issues will be considered in the award process, emphasis will also be placed upon the quality of the service offered, experience factors, the competency of the prospective firm, and outside references. 7.2 Cancellation of Award The County reserves the right, without any liability, to cancel the award of any proposals, at any time before the execution of the agreement documents by all parties. 7.3 Evaluation Procedures It is the intent of the County to review all proposals and judge the merit of those proposals in accordance with the general criteria outlined in this request. The TPT will recommend and upon the firms selection will begin negotiations to provide the County with the Report. Failure of the Contractor to provide in the proposal any information requested in this RFP may result in disqualification of that proposal. 7.4 Criteria for Evaluation The decision on selecting a firm for the project will be based on the following criteria: 7.4.1 Service Experience 7.4.1.1 Experience of Firm 7.4.1.2 Firm Depth 7.4.1.3 Similar Type Services 7.4.1.4 Similar Size Services 7.4.1.5 Firm Stability 7.4.2 Attitude/Compatibility 7.4.2.1 Understanding of the County's Services 7 .4.2.2 Team Relationship to the County 7.4.2.3 Relationship with the County 7.4.2.4 Knowledge of the Report sector 7.4.2.5 Interest/Commitment 7.4.3 Approach 7.4.3.1 7.4.3.2 Organization Schedule Management Page 16 ~ ~. .",..,~"'~___....._,.~~,",,,,,...,_..o ..~"_".._~."'"""'....._~.......__.,'^'_...",____....._~.',.'c.,.,.'<,.._.,.~"'.,_...,.,,,-....-.._~..,.,.._."',_',.~_'.................,.""'."..,.,~.......__~c,"'~,~""._"''''~_.'....~___._........,~___--.."..__~~.~._~ UNIFIED TRANSIT MANAGEMENT PLAN REQUEST FOR PROPOSAL 7.4.3.3 7.4.3.4 7.4.3.5 7.4.3.6 Cost Management Compatibility Reporting Procedure Ease of Access to Services by the County 7.4.4 Cost 7.5 Review/Selection Schedule The selection schedule has been established as follows: · April 28, 2004 · June 1,2004 · Week of June 7, 2004 · Week of June 14,2004 · Week of June 30, 2004 · Services in place Distribution of Request for Proposals (RFP); Proposal Submission Deadline; Proposal Evaluation Period; Oral Presentations as Requested; Selection of Firm; and Upon receipt of signed contract (Approx. July 16, 2004). 7.6 Negotiation Procedures The TPT will evaluate each proposal based on the information furnished by the firm and will make a recommendation. In responding to the Request for Proposals, the firm is cautioned to address each of the evaluation factors in as much detail as possible and in the order that the factors are listed under Section 5.1, Proposal Organization. If no mutual agreement can be reached with any of the selected firms, the TPT reserves the right to direct staff to commence obtaining the services of a qualified firm without further negotiations. 7.7 Oral Presentation Firms may be required to give an oral presentation of their proposal to the TPT. This will provide an opportunity for the firm to clarify or elaborate on specifics within their proposal. 7.8 Rejection of Proposals Scott County reserves the right to reject any proposal based on the evaluation criteria contained in this RFP. The County also reserves the right to cancel or amend this RFP at any time. Any changes in the status of the RFP will be brought to the attention of all parties that have received the same. 8.0 MISCELLANEOUS PROVISIONS 8.1 Contract Terms Proposals submitted in response to the RFP may become a part of any subsequent contract. If for any reason the selected firm deviates in any way from previous proposed services, the County may reject the proposal and begin negotiations with another firm. 8.2 Provisions for Joint Venture Provisions for joint venture will be considered; however, a statement of such an arrangement should be contained in the proposal with qualifications shown for all participating firms. 8.3 Provisions for Sub-contracting (PFA, State, or Local Funding) Page 17 "'1./,4. {SCott UNIFIED TRANSIT MANAGEMENT PLAN REQUEST FOR PROPOSAL Contractor may subcontract for functions to fulfill the obligations of their proposal. It is recommended that if the Contractor is officed outside of the seven-county metro region of the Twins Cities, they consider sub-contracting to fulfill the obligations associated with necessary on-site communications, as a means to keep costs in check. The Contractor MUST complete and include the attached Subcontractor Information form with their proposal (see Attachment E for form), even if no subcontractors are proposed to be used on this project. Contractors must indicate on the form either: · That no subcontractors will be used on this project; or · The name, address, and telephone numbers of each subcontractor proposed to be used on the project. The Contractor shall ensure and require that any subcontractor agrees to and complies with all of the terms of this contract and meets all requirements as if they were the primary Contractor. Any subcontractor of Contractor used to perform any portion of this contract shall report to and bill Contractor directly. Contractor shall be solely responsible for the breach, performance, or non-performance of any subcontractor. 8.4 Non-Discrimination The responding firm must demonstrate that it has agreed not to discriminate in hiring practices on the basis of race, color, creed, religion, national origin, sex, age, marital status, public assistance status, veteran status, disability, or sexual orientation. 8.5 Funding Restrictions The County reserves the right to reduce estimated or actual amount of services in whatever amount necessary without prejudice or liability to the County if funding is not available or if legal restrictions are placed upon the expenditure of monies for this category of service. 8.6 Incorporation of Affirmative Action Requirements If a contract based upon this RFP or any modification of the contract exceeds a value of $100,000, the provisions of Minnesota Statutes, section 473.144, and Minnesota Rules, parts 5000.3400 to 5000.3600 will be incorporated into said contract or modification. The referenced provisions relate to Contractor requirements for affirmative action plans for minority individuals, women and disabled individuals. Copies may also be accessed at the following internet web sites: · Minnesota Statutes, section 473.144: www.revisor.lea.state.mn.us/stats/473/144.html; and · Minnesota Rules, parts 5000.3400-3600: www.revisor.lea.state.mn.us/arule/5000/. 8.7 Certificate of Compliance for Public Contracts The provisions of this section 17 apply only if the amount of the proposal exceeds $100,000. Under the provisions of Minnesota Statues section 473.144, a bid or proposal for over $100,000 may not be accepted from any business having more than forty (40) full-time employees in Minnesota on a single working day during the previous twelve (12) months, unless that business has submitted an affirmative action plan to the Minnesota Commissioner of Human Rights for approval. The County may not execute a contract for over $100,000 with any business having more than forty (40) full-time employees in Minnesota on a single working day during the previous twelve (12) months, unless that business has an approved affirmative action plan, evidenced by a Certificate of Page 18 ,,,\,,-A rSCott "'~"~<'_""'0_"_~'.,""~_"__,,,~<_.,, ,_~....."."~.--...._,.>_..........._..._......,....__.,.,_...,...,..........,.......",__.....,,..._'~"""""_"~"'-"-"__'.","",__'_'~"~,,,,,,,,,,,,,,__~__,~ UNIFIED TRANSIT MANAGEMENT PLAN REQUEST FOR PROPOSAL Compliance from the Minnesota Department of Human Rights. A certificate is valid for tow (2) years. In addition, for any business which did not have more than forty (40) full- time employees in Minnesota, but which had more than forty (40) full-time employees on a single working day during the previous twelve (12) months in the state in which it has its primary place of business, the County may not execute a contract with such a business unless the business has an approved affirmative action plan, evidence by a Certificate of Compliance from the Minnesota Department of Human Rights, or the business certifies to the County that the business is in compliance with federal affirmative action requirements. To ensure compliance with this statute, Contractors must submit with their proposal either: · A copy of the Contractor's currently effective affirmative action Certificate of Compliance issued by the Minnesota Department of Human Rights; or · An Affirmative Action Certification Statement (see Attachment F for form) with information which indicates that the County can accept the Contractor's proposal. Failure to submit one of these documents along with the proposal may result in the proposal being rejected and returned to the Contractor without further consideration. Contractors are advised that the County may verify representations made by a Contractor in any Affirmative Action Certification Statement, which is submitted. If a Contractor submits an Affirmative Action Plan for approval of the Minnesota Commissioner of Human Rights in order to qualify for acceptance of its proposal and becomes the selected vendor, the contract shall not be executed for services until the Contractor has actually been issued a Certificate of Compliance from the Minnesota Department of Human Rights. The County is under no obligation to delay the award and execution of a contract until a Contractor has completed the human rights certification process. It is the sole responsibility of a Contractor to apply for and obtain a human rights certificate prior to contract award and execution. 8.8 Lobbying Any attempt to contact members of the various Divisions, County Board, or department heads involved or affected by the project, including second party contact, will result in immediate rejection of your proposal. Questions regarding this RFP must be forwarded in writing via e-mail, fax, or written letter to: John Mulcahy Scott County Administrator1s Office 200 Fourth Avenue West Shakopee, MN 55379-1220 Phone: 952.496.8597 Fax: 952.496.8180 EMail: jmulcahy@co.scott.mn.us 8.9 Limitations Scott County will not be responsible for any costs incurred by applicants in preparing proposals. Page 19 . UNIFIED TRANSIT MANAGEMENT PLAN REQUEST FOR PROPOSAL EXHIBIT "A" SAMPLE CONTRACT THIS AGREEMENT, by and between Scott County, having its principal office for the transaction of business at 200 Fourth Avenue West, Shakopee, Minnesota 55379-1220, hereinafter referred to as "County", and [ Contractor Name ], having its principal office for the transaction of business at [Address ], [ City], [ State] [Zip Code ], hereinafter referred to as the "Contractor". RECITALS WHEREAS, the County has approved the concept of contracting a Professional Unified Transit Management Plan for Scott County, and desires to retain the services of a competent Unified Transit Management Plan Contractor; and WHEREAS, the Contractor desires to provide this contract for services to the County according to the terms and conditions stated herein. NOW THEREFORE, in consideration of the mutual undertakings and agreements contained within this contract, the County and Contractor hereby agree as follows: 1 .0 Scope of Services Contractor agrees to furnish a Unified Transit Management Plan, hereinafter referred to as "Report", which is listed in Proposal form, during the term of the contract. These prices will be firm throughout the term of this contract. 2.0 Compensation and Terms of Pavment 2.1 Compensation: Provider shall be compensated at a rate of Total compensation under this agreement shall not exceed 2.2 Provider shall submit duplicate invoices on a [weekly/monthly/quarterly] basis to the authorized agent of the County for payment of work completed. The authorized agent shall have the authority to review the invoices, and no payment shall be made without the approval of the authorized agent. Payments shall be made within thirty (30) days after receipt of invoices for services performed and acceptance of such services by the authorized agent of the County. 3.0 Condition of Payment All services provided by Contractor pursuant to this agreement shall be performed to the satisfaction of the County, and in accordance with all applicable federal, state and local laws, ordinances, rules and regulations. Payment shall be withheld for all work found by the County to be unsatisfactory, or performed in violation of federal, state, and local laws, ordinances, rules or regulations. 4.0 Effective Date of Contract Page 20 ') /'~' fScott ~~'~"'~-""'--''''''''-_''"'""'__~_''''__''~'~'''''''''''''''_''''''''~M'""'"''~'''"'''_''''"''';''''""~""'~'~~_,~_""",.,,",,_~~,,-..''''~'''''''''_'''_'''~''~'''"'''_''''"'.'''''"'''''''''''''''~;'"'~_'''''~",_'''''''''.","".,__...~~.""__,,_~,,...,,"...,,~_,.~~~"''''~'''''_''~_~'-"-___''.~--''-'"""_______"_"""",,_,,_~,,-~~,,,,,",~_. UNIFIED TRANSIT MANAGEMENT PLAN REQUEST FOR PROPOSAL . This contract shall be effective June 30, 2004, not withstanding the date of signature by the parties. 5.0 Term of Contract This contract shall remain in effect until all obligations set forth in this contract have been satisfactorily fulfilled, or unless earlier terminated as provided, whichever occurs first. The contract period shall be a term of nine (9) months commencing on approximately July 16, 2004, and ending March 31, 2005. 6.0 Authorized Aaents 6.1 Scott County shall appoint an authorized agent for the purpose of administration of this contract. Contractor is notified that the authorized agent of Scott County is: John Mulcahy Scott County Administrator's Office 200 Fourth Avenue West Shakopee, MN 55379-1220 Phone: 952.496.8597 Fax: 952.496.8180 E-Mail: jmulcahy@co.scott.mn.us 6.2 Contractor shall appoint an authorized agent for the purpose of administration of this contract. [Name], [Title] [ Contractor Name] [ Street Address] [ City], [ State] [Zip Code] Phone: [Number] Fax: [Number] 6.0 Records - Availabilitv and Retention Pursuant to Minn. Stat. Section 16C.05, Subd. 5 (1998), the books, records, documents, and accounting procedures and practices of Contractor relative to this agreement shall be subject to examination by the County and the State Auditor. Complete and accurate records of the work performed pursuant to this agreement, shall be kept by Contractor for a minimum of six (6) years following termination of this agreement for such auditing purposes. The retention period shall be automatically extended during the course of any administrative or judicial action involving the County of Scott regarding matters to which the records are relevant. The retention period shall be automatically extended until the administrative or judicial action is finally completed or until the authorized agent of the County notifies Contractor in writing that the records need no longer be kept. 7.0 Deliverables to be Kept Confidential All Deliverables along with such working papers, calculations, notes, and other information used to produce the Deliverables shall be kept as confidential and shall not be made available to any individual or organization by the Contractor, its subcontractors, or their agents or employees without the prior written approval of the County. 8.0 Documents Propertv of Countv All documents and records coming into the possession of the Contractor relating to the work shall be provided to the County by the Contractor. Deliverables shall become the property of the Page 21 L ",,,_,,,,,,,,,o,,,",,,"",_,_,,,,~,,,~,_,_"""'-'_""'.....___..,_ ..,~" .~". ,_ .,..... "......h.......~....." "",~"~_""",_"",,,,,,,,,_,,,,,,~,_,,.~,,,",,,,""......,,,,,,,,..........-...._..__,_.,_.~.....,...._ ,_._.,^~.."".,".,..._ __ ""_",,,.__, .._.,...._..'"~...,.""......._,__.-'--'..___'4,_''',~.._.*,_...,~..._.....__.,..........-..._,_ UNIFIED TRANSIT MANAGEMENT PLAN REQUEST FOR PROPOSAL County. The Contractor is not, however, required to provide the County with the Contractor's correspondence file and original working papers, calculations, and notes developed as a result of the work. The Contractor shall make available to the County copies of the Contractor's correspondence and original working papers, calculations, and notes relating to the work upon request of the County. 9.0 Format of Deliverables Deliverables shall be prepared in standard English (US) units and language. Upon completion or termination of the Contract, the Contractor shall provide the County with a copy, in electronic form, of all deliverables, reports, studies, and other documents developed by the Contractor in connection with the matters, which are the subject of this Contract. Such materials shall be provided in an electronic format compatible with the following, as appropriate: . Word processing files: Microsoft@ Word 97 . Spreadsheet files: Microsoft@ Excel 97 . Database files: Microsoft@ Access 97 . Drawing files: AutoCAD 2000 . Other formats: as agreed to in advance by the County 10.0 Conflict of Interest The Contractor certifies that to the best of its knowledge, no County employee or employee or officer of any agency interested in the contract has any pecuniary interest in the business of the Contractor or with the contract and that no person associated with the Contractor has any interest that would conflict in any manner or degree with the performance of the contract. The Contractor agrees that it is a breach of contracting ethics for the Contractor or any subcontractor to offer, give or agree to give any County employee or agent any gratuity, gift, favor, entertainment, or offer of employment in connection with any decision or action in regard to this contract. The Contractor, by entering into a contract with the County further covenants: 1) that no person or selling agency except bona fide employees or designated agents or representatives of the Contractor has been employed or retained to solicit or secure this contract with an agreement or understanding that a commission, percentage, brokerage, or contingent fee would be paid; and 2) that no gratuities were offered or given by the Contractor or any of its agents, employees or representatives, to any official, member, or employee of the County or other governmental agency with a view toward securing this contract or securing favorable treatment with respect to the awarding or amending, or any determination with respect to the performance of this service. 11.0 DisDute Resolution Claims by the Contractor disputing the meaning and intent of this contract or arising from performance of this contract shall be referred in writing to the County's Project Manager for a written decision. The County's Project Manager shall respond to the Contractor in writing with a decision within ten (10) calendar days following receipt of the Contractor's claim by the County's Project Manager. 12.0 Indemnitv Contractor agrees to defend, indemnify, and hold the County, its employees and officials harmless from any claims, demands, actions or causes of action, including reasonable attorney's fees and expenses resulting directly or indirectly from any act or omission on the part of the Contractor, or its subcontractors, partners or independent contractors or any of their agents or employees, in the performance of or with relation to any of the work or services to be Page 22 '~ UNIFIED TRANSIT MANAGEMENT PLAN REQUEST FOR PROPOSAL performed or furnished by the Contractor or the subcontractors, partners or independent contractors or any of their agents or employees under the agreement. Contractor shall be responsible for the professional quality, technical accuracy, and the coordination of all services furnished by Contractor under this agreement. Contractor shall, without additional compensation, correct or revise any errors or deficiencies in Contractor's final Report(s) and services. 13.0 Insurance Contractor shall not commence work under this contract until it has obtained at its own cost and expense all insurance required herein. All insurance coverage is subject to approval of the County and shall be maintained by Provider until final completion of the work. 13.1 Workers' Compensation 13.1.1 State: Minnesota - Statutory 13.1.2 Employer's Liability with minimum limits of: · Bodily Injury by Accident: $100,000 each Accident · Bodily Injury by Disease: $100,000 each Employee · Bodily Injury by Disease: $500,000 policy limit 13.1.3. Benefits required by union labor contracts: As applicable In the event Provider is a sole proprietor and has not elected to provide workers' compensation insurance, Provider shall be required to execute and submit an affidavit of sole proprietorship in a form satisfactory to the County before entering into the contract. 13.2 Commercial General Liability Including Premises, Operations, Products, Completed Operations, Advertising and Personal Injury Liability, with the following minimum limits of liability: $1,000,000 Aggregate $1,000,000 Products & Completed Operations Aggregate $1,000,000 Personal Injury & Advertising Injury $1,000,000 Occurrence $ 100,000 Fire Damage Limit $ 5,000 Medical Expense Policy should be written on an occurrence basis and include Explosion, collapse and Underground 13.3 Professional Liability (Malpractice) $1,000,000 per Claimant $1,000,000 Aggregate per Year 13.4 Commercial Auto Liability Minimum limits of liability shall be: If split limits: $1,000,000 each person/$1 ,000,000 each occurrence $1,000,000 each occurrence for Property Damage If combined single limit: $1,000,000 per occurrence 13.5 Proof of Insurance Page 23 ~ UNIFIED TRANSIT MANAGEMENT PLAN REQUEST FOR PROPOSAL Insurance certificates evidencing that the above insurance is in force with companies acceptable to County and in the amounts required shall be submitted to County for examination and approval prior to the execution of the agreement, after which they shall be filed with County. The insurance certificates shall specifically provide that a certificate shall not be modified, canceled or non-renewed except upon sixty (60) day's prior written notice to County. Neither County's failure to require or insist upon certificates or other evidence of insurance showing a variance from the specified coverage changes Contractor's responsibility to comply with the insurance specifications. 14.0 Standards and Licenses The (service) shall maintain proper certification or licensure as required by the State during the term of this Agreement. The County will only pay for the Report provided pursuant to such requirement. The (service) shall comply with all applicable Federal and State statutes, regulation, rules and ordinances now in force or as hereafter enacted. 15.0 Subcontracts Contractor may subcontract for functions to fulfill the obligations of their proposal. It is recommended that if the Contractor is officed outside of the seven-county metro region of the Twins Cities, they consider sub-contracting to fulfill the obligations associated with necessary on-site communications, as a means to keep costs in check. The Contractor MUST complete and include the attached Subcontractor Information form with their proposal (see Attachment E for form), even if no subcontractors are proposed to be used on this project. Contractors must indicate on the form either: · That no subcontractors will be used on this project; or · The name, address, and telephone numbers of each subcontractor proposed to be used on the project. The Contractor shall ensure and require that any subcontractor agrees to and complies with all of the terms of this contract and meets all requirements as if they were the primary Contractor. Any subcontractor of Contractor used to perform any portion of this contract shall report to and bill Contractor directly. Contractor shall be solely responsible for the breach, performance, or non-performance of any subcontractor. Names of Subcontractors shall be furnished by the Contractor in writing, the names of all subcontractors, and their proposed scope of work to be used to complete the work. The County will in writing within two weeks of receipt of subcontractor information, advise the Contractor of the County's acceptance or objection to proposed subcontractor(s). The Contractor's submission shall contain the Contractor's express representation that none of the listed subcontractors have been suspended or debarred from award of contracts or subcontracts under state or local law. The Contractor shall not contract with any subcontractor to whom the County has made objection. 16.0 Force Maieure County and Contractor agree that Contractor shall not be liable for any delay or inability to perform this contract, directly or indirectly caused by or resulting from strikes, labor troubles, accidents, fire, flood, breakdowns, war, riot, civil commotion, lack of material, delays of transportation, acts of God or other causes beyond reasonable control of Contractor and the County. 17.0 Data Practices Page 24 L ^~"""._' ---......~..'"~,_.__~"___""4"-_.<"'"'_~;____"_ -_"" _'..,.,_._.....~~,,"".,.,.."'~.~...,._"',_~__^"_.._"'......4.~._...""""'_'~~_.."~....._'_~_.''''''.'''..._'<..___~__~......__~'_~~=.._''__.,,.........,....~....;.."'_~_-<<~~......._,""__.__,__.~_.__,.___^_...-..~,'_,...."_."..,, UNIFIED TRANSIT MANAGEMENT PLAN REQUEST FOR PROPOSAL Contractor, its agents, employees and any subcontractors of Contractor in providing all services hereunder, agree to abide by the provisions of the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as amended, and Minn. Rules promulgated pursuant to Ch. 13. The Contractor agrees to hold the County, its officers, department heads and employees harmless from any claims resulting from the Contractor's unlawful disclosure or use of data protected under state and federal laws. 18.0 Access to Premises The County shall arrange access as necessary to work sites for Contractor for the purpose of performing the work described in this contract. 19.0 Termination This contract may be terminated by either party, with or without cause, upon thirty (30) days written notice to the Authorized Agents of the parties. 20.0 Independent Contractor It is agreed that nothing contained in this contract is intended or should be construed as creating the relationship of partnership, joint ventures, or an association with the County and Contractor. Contractor is an independent contractor and neither it, its employees, agents, subcontractors, nor representatives shall be considered employees, agent, or representatives of the County. Except as otherwise provided herein, Contractor shall maintain, in all respects, its present control over the means and personnel by which this contract is performed. From any amounts due Contractor, there shall be no deduction for federal income tax or FICA payments nor for any state income tax, nor for any other purposes which are associated with an employer/employee relationship unless otherwise required by law. Payment of Federal income tax, FICA payments, state income tax, unemployment compensation taxes, and other payroll deductions and taxes are the sole responsibility of the Contractor. 21.0 Notices Any notices to be given under this contract shall be given by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, addressed to the authorized agent of the Contractor at the address stated herein, and to the authorized agent of the County at the address stated herein. 22.0 Controllina Law This contract is to be governed by the laws and jurisdiction of the State of Minnesota. 23.0 Successors and Assians The County and Contractor, respectively, bind themselves, their partners, successors, assigns, and legal representatives to the other party to this contract and to the partners, successors, assigns, and legal representatives of such other party with respect to all covenants of this contract. Neither the County nor Contractor shall assign, sublet, or transfer any interest in this contract without the prior written consent of the other. 24.0 Prohibition on Discriminatory Practices The Contractor will take affirmative action to ensure that applicants are selected, and that employees are treated during employment, without regard to their race, color, creed, religion, Page 25 '") /4 (SixJtt ''''~'''''',''_N.._.~___,._,.~.~_~...................~.,_.....-~~.,,_~.......-,.......__.,_-...,......,.______~.._........".."d._~.."...... -"_.~'~">--"-~-;"_'"."",-~'^'",...,."-,..,~~.~,,..^'."','~'".'-"--"-'"""--",~-.....,._"~.,,,,,-_._..~_....__.,.,....,,,..._~----,~ UNIFIED TRANSIT MANAGEMENT PLAN REQUEST FOR PROPOSAL national origin, sex, sexual orientation, marital status, status with regard to public assistance, membership or activity in a local civil rights commission, disability or age. 25.0 Affirmative Action The provisions of this section _ apply only if the amount of this Contract (including the value of any amendments thereto) exceeds $100,000. A. General Requirements. The requirements of Minnesota Statutes, section 473.144, and Minnesota Rules, parts 5000.3400 to 5000.3600, regarding affirmative action plans, are incorporated in this contract by reference. B. Disabled Individuals Affirmative Action. 1. The Contractor must not discriminate against any employee or applicant for employment because of a physical, sensory, or mental disability in regard to any position for which the employee or applicant for employment is qualified. The Contractor agrees to take affirmative action to employ, advance in employment, and otherwise treat qualified disabled persons without discrimination based upon their physical, sensory, mental disability in all employment practices such as the following: employment, upgrading, demotion or transfer, recruitment, advertising, layoff or termination, rates of payor other forms of compensation, and selection for training, including apprenticeship. 2. The Contractor agrees to comply with the rules and relevant orders of the Minnesota Department of Human Rights issued pursuant to the Minnesota Human Rights Act. 3. In the event of the Contractor's noncompliance with the requirements of this clause, actions for noncompliance may be taken in accordance with Minnesota Statutes, section 363.073, and the rules and relevant orders of the Minnesota Department of Human Rights issued pursuant to the Minnesota Human Rights Act. 4. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices in a form prescribed by the Commissioner of the Minnesota Department of Human Rights. Such notices must state the Contractor's obligation under law to take affirmative action to employ and advance in employment qualified disabled employees and applicants for employment, and the rights of applicants and employees. 5. The Contractor must notify each labor union or representative of workers with which it has a collective bargaining agreement or other contract understanding, that the Contractor is bound by the terms of Minnesota Statutes, section 363.073 of the Minnesota Human Rights Act and is committed to take affirmative action to employ and advance in employment physically, sensory, and mentally disabled persons. 26.0 Eaual Emolovment and Americans With Disabilities In connection with the work performed under this contract, Contractor agrees to comply with the applicable provisions of the state and federal equal employment opportunity and nondiscrimination statutes and regulations. In addition, upon entering into this contract, Contractor 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 B, through both oral and written communications, that it supports this policy and that it will conduct its own employment practices and business operations in accordance therewith. Failure on the part of the Contractor to conduct its own employment practices and business operations in accordance with the policy may result in the withholding of all or part of regular payments by the County due under this contract unless or until Contractor complies with the policy, and/or suspension or termination of this contract. 27.0 Chanaes Page 26 ] ,i/2-~' (Scott ......._'....,.,.,"_._._,.'"""".-._~,.;_.~ --~._---"""-_........_._--"-_..,,...~-~ UNIFIED TRANSIT MANAGEMENT PLAN REQUEST FOR PROPOSAL The parties agree that no change or modification to this contract, or any attachments hereto, shall have any force or effect unless the change is reduced to writing, dated, and made part of this contract. The execution of the change shall be authorized and signed in the same manner as for this contract. 28.0 Severabilitv In the event any provision of this contract shall be held invalid and unenforceable, the remaining provisions shall be valid and binding upon the parties unless such invalidity or non-enforceability would cause the contract to fail its purpose. One or more waivers by either party of any provision, term, condition, or covenant shall not be construed by the other party as a waiver of a subsequent breach of the same by the other party. 29.0 Entire AQreement It is understood and agreed that the entire agreement of the parties is contained herein, and that this contract supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreement presently in effect between the County and Contractor relating to the subject matter hereof. Page 27 ~ UNIFIED TRANSIT MANAGEMENT PLAN REQUEST FOR PROPOSAL IN WITNESS WHEREOF, the parties have hereunto set their hands as of the dates written below. COUNTY OF SCOTT By: Date: Chair, Scott County Board of Commissioners Attest: By: Date: David J. Unmacht, County Administrator Approved as to form and execution: By: Patrick Ciliberto, Scott County Attorney Date: (company name) By: Date: (authorized signature) (typed name) (title) Page 28 ~ UNIFIED TRANSIT MANAGEMENT PLAN REQUEST FOR PROPOSAL EXHIBIT "B" I POLICY STATEMENT I 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 363. 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 payor 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 363, 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. /.. (, . /),~ :!/JA}.u,.; (/IA4AJAf).d! Barbara K. Marschall Chair, Board of Commissioners I..~ o/>I Date Page 29 ~ "''''''~~'.''''_''",_....~,.._.,,".,.___,",..,__....,'...o_~.,., 4'-'-".w..., ""'_'~'.'" ...~.~,.,~.,~",.~"",,",',_=~ ,",""~_'''''''~"'''~'_'~M_.'.''''"''''-''''-'~'___'"''~_~'~'''''''~'__,"'............"",.,..,.,._.,.....'''._..^'_.,~".__'''''''..__~~..'.__.._,~'~~",.~__--....__,____~.~_.~,~..~ UNIFIED TRANSIT MANAGEMENT PLAN REQUEST FOR PROPOSAL ATTACHMENT "C" PLANNING AREA MAP 1 o -0 ";:: (5 () L() ____ ~ c .... C'CS -- - tn D.. c .. ... .: :i ~ C t: 'lit CD l- E ,~ ('of C!; -0 'I~ ~+ 0 ('of ai CD &\~ ;: 0 0.. -- '" 'I- ca r -- c c ('of :J ca :i Page 30 '~ UNIFIED TRANSIT MANAGEMENT PLAN REQUEST FOR PROPOSAL ATTACHMENT "0" COST PROPOSAL This form must be included and completed in full to be considered for selection. Contract: 04282004 Project Name: Unified Transit Management Plan Contractor Company Name: Contact: Name (print) Payment Address: / Title / Phone Street 2: / Fax State and Zip: / E-mail PRICING DESCRIPTION COST CATEGORY (Contract) The 'Unified Transit Management Plan' total proposal cost. $ 04282004 The Contractor shall separately indicate perceived costs Total: $ associated with: . Lodging; $ 5.7.1.2 . Airfare; $ . Travel; and $ . Meals. $ The proposal must separately identify the work, schedule, and costs for each of the six (6) Tasks 1, including PowerPoint and Total: $ presentations: . Task 1; $ . Task 2; $ 5.7.1.3 . Task 3; $ . Task 4; $ . Task 5; $ . Task 6; $ . PowerPoint; and $ . Presentations. $ The proposal must separately identify the work, schedule, and 5.7.1.4 costs for all parts of any Task relevant to the 1-35W Corridor Total: $ evaluation, including information addressing the Cities of Burnsville and Lakeville. Please indicate other applicable costs. If these are included in the rate please note. 1 The Contractor shall submit a proposed data collection cost per hour if such services are needed to complete the Tasks, Page 31 ~ UNIFIED TRANSIT MANAGEMENT PLAN REQUEST FOR PROPOSAL ATTACHMENT "E" SUBCONTRACTOR INFORMATION This form must be included and completed in full to be considered for selection. Contract: 04282004 Project Name: Unified Transit Management Plan Contractor Company Name: Check ONE of the following: e No subcontractor will be used by Contractor on this project. e The following is a list of subcontractors proposed to be used on the project: (Use copies of this form if space is needed to list additional subcontract firms and attach such copies to the form.) CERTIFICATION On behalf of the Contractor identified below, I certify that the information provided in this on this document is true and correct. Contractor Name: By: Date: Name: Title: Page 32 rSi:ott UNIFIED TRANSIT MANAGEMENT PLAN REQUEST FOR PROPOSAL ATTACHMENT "F" AFFIRMATIVE ACTION CERTIFICATION STATEMENT This form must be included and completed in full to be considered for selection. Contract: 04282004 Project Name: Unified Transit Management Plan Contractor Company Name: (NOTE: If the proposal amount exceeds $100,000, EITHER this form OR a currently effective affirmative action Certificate of Compliance for the Contractor, issued by the Minnesota Department of Human Rights MUST be submitted with the proposal.) Instructions: If a proposal is in an amount greater than $100,000, the proposal may not be accepted unless the Contractor can affirm either Statement #1 or Statement #2 below. The Contractor must select (by checking the appropriate box) and certify as true one of the two statements below, if it is able to do so. In making its certification, the Contractor should carefully bear in mind the post-submittal requirements noted in connection with each statement. After submittal of the proposal, the County reserves the right to require documentation from the Contractor supporting the certification or to otherwise verify the accuracy of the certification. If neither statement can be affirmed, no proposal should be submitted. CHECK ONLY ONE BOX e 1. The business executing this certification did have more than 40 full-time employees within the State of Minnesota on one or more working days during the 12 months previous to the date the proposal is due. IN ADDITION, the business either: a. has submitted an affirmative action plan for the employment of minority persons, women, and qualified disabled individuals to the Commissioner of Human Rights for approval; or b. has a currently effective Certificate of Compliance from the Commissioner of Human Rights indicating that it has an approved affirmative action plan. NOTE: Prior to execution of any agreement arising out of this procurement, the Contractor will be required to provide the County with a copy of its currently effective Certificate of Compliance. e 2. The business executing this certification did not have more than 40 full-time employees within the State of Minnesota on any working day during the 12 months previous to the date the proposal is due. NOTE: Prior to execution of any agreement arising out of this procurement, the Contractor may be required to provide the County with at least one of the following on a form: a. certification that the business has a currently effective Certificate of Compliance issued by the Commissioner of Human Rights, along with the copy of that document; or b. a certification that the business is in compliance with federal affirmative action requirements; or c. a certification that the business's primary place of business is not in the United States; or d. a certification that the business did not have more than 40 full-time employees on any working day during the 12 months prior to the date on which it submitted its proposal, in the state where the business as its primary place of business. CERTIFICATION On behalf of the Contractor, I certify that the above response is true as of the date this firm is signed. have read and understand the requirements related to this certification statement. Contractor Name: By: Date: Name: Title: Page 33 rsiJou UNIFIED TRANSIT MANAGEMENT PLAN REQUEST FOR PROPOSAL ATTACHMENT "G" CONTRACTOR FACTS This form must be included and completed in full to be considered for selection. Contract: 04282004 Project Name: Unified Transit Management Plan 1. Name/address of applicant agency: Address: 2. Please check one of the following: o Incorporated for Profit o Incorporated for Non-Profit (501-C-3) o Partnership o Proprietorship o Governmental Unit o Other, Please describe Name: Director: Phone: 3. Contact Person, if other than Director: Name Title Phone 4. Names of Persons authorized to sign contracts: Name Title Phone 5. Please indicate tax identification numbers as applicable to your organization: MN Tax I.D. Number: Federal Employer I.D. Number: Please attach the following items to your proposal: · Annotated Board of Directors roster . Organizational Chart · Provide a minimum of three references including name, address, telephone number and business relationship · Identify any government contracts you currently hold in the State of Minnesota or surrounding States · Brochures, annual report or other information about your organization to aid us in making a decision Page 34 -"' ./~ 1Srott ....";"--"'~-~~.,.;,,......--..~,_.-,=.,'~ ~....~..;,.,<'...~.~~...k__,"'._,._,~.......'_".,,_*.~__.,,~._&"-""~'~~_'''''''__''__'",""."...",,,.......~__...,,... ..,~_.=,_;_~."..,~"'.',.0'"_~",~",~~"_"";",,,~_,,,,,,,,~,,"",~__~"..,,,'~,"._,,,,,,,,.,_,~_,~__,.,.,,., .~,._,""";,.,__.~....,,,...,,.__,,,,,,.,,-,.._...,.,.._,..,,..,,., UNIFIED TRANSIT MANAGEMENT PLAN REQUEST FOR PROPOSAL ATTACHMENT "H" REFERENCES This form must be included and completed in full to be considered for selection. Contract: 04282004 Project Name: Unified Transit Management Plan Name: Name: Contact: Contact: Address: Address: Phone #: Phone #: Date Of Most Recent Work: Date Of Most Recent Work: Name: Name: Contact: Contact: Address: Address: Phone #: Phone #: Date Of Most Recent Work: Date Of Most Recent Work: Name: Name: Contact: Contact: Address: Address: Phone #: Phone #: Date Of Most Recent Work: Date Of Most Recent Work: Page 35 rSi:ou .... .~__~ ,~.~.__m..._,~~."_~_.,.._~._"","",,~"""'~"_~.'___""''''~''_'''''_..______........_~,'--.~---..-"~-----.............--........-..~-""~"........,~,~