HomeMy WebLinkAbout5I - Final Transit Merger Actions O� PRip�
U 4646 Dakota Street SE
Prior Lake,MN 55372
'i1INNESp.SP
CITY COUNCIL AGENDA REPORT
MEETING DATE: December 22, 2014
AGENDA#: 51
PREPARED BY: Dan Rogness, Community & Economic Development Director
PRESENTED BY: Dan Rogness
AGENDA ITEM: CONSIDER APPROVAL OF A RESOLUTION APPROVING FINAL TRANSIT
MERGER ACTIONS RELATED TO FUND TRANSFERS, ASSIGNMENTS AND
TERMINATIONS
DISCUSSION: Introduction
The purpose of this agenda item is to consider the city's final actions related to the
transit merger with MVTA, including transfers of reserve funds, and the assign-
ment and termination of existing agreements.
History
The City Council approved the execution of two transit merger agreements with
MVTA on August 11, 2014, including the Consolidation Agreement and Restated
Joint Powers Agreement. The full merger is effective January 1, 2015. The Con-
solidation Agreement identified a schedule of fund transfers from Prior Lake and
Shakopee to MVTA, including all remaining city transit fund balances by August
15, 2015. After the two approved transfers for start-up costs ($410,000) and re-
serves ($250,000), the staff report identified the following spend-down costs of the
city's remaining reserve balance:
➢ $200,000 — payment to Scott Co. for TH-169 transit corridor study
➢ $25,000— payment to Scott Co. for park & ride security camera upgrades
➢ $200,000 —parking lot improvement in downtown Prior Lake
➢ $375,000—land acquisition for future Park & Ride on CSAH 17
➢ $90,000— 1-35 transit connection study
➢ $50,000— RiverSouth circulator study
$1,600,000 TOTAL (including the start-up and reserve transfer)
Current Circumstances
MVTA, as well as the Met Council, have acknowledged that the local match grant
requirement for the six new CMAQ buses must also be included in the list of funds
to be transferred from Shakopee and Prior Lake to MVTA. That total match is
estimated to be $1.0 million over the required 3-year period. Adequate funding is
necessary in order to assure expanded transit services in Scott County with these
six new buses.
In addition, Shakopee and Prior Lake discussed a credit due from Prior Lake to
Shakopee from past JARC ridership of$110,000 during 2011-2014. JARC refers
to the Job Access and Reverse Commute Program. The connection/circulator
studies shown above are already identified in MVTA's program for 2015. The land
acquisition is premature until further analysis is made on the need and location for
a future park & ride on CH 17 at approximately CH 12. The parking lot improve-
ment is being replaced by a more general "downtown transit improvement" project
to be coordinated with the future reconstruction of TH 13 and CH 21 and a northern
service circulator study. That future improvement project could certainly include
the improvement of the city's parking lot on Colorado Street. The security camera
upgrade cost is being fully transferred to MVTA to complete in 2015.
The estimated reserve balance for Prior Lake increased from the previous figure
of$1.6 million to $1.8 million.
Therefore, the previous list provided above to the City Council must be revised
accordingly with Shakopee's reserve levels in order to cover all required transfer
costs to MVTA. Staff is proposing the following final transfer/spend-down list to
be approved by the City Council prior to January 1, 2015:
➢ $410,000 transfer to MVTA for start-up costs (approved in Agmt.; paid)
➢ $250,000 transfer to MVTA for reserves (approved in Agmt.)
➢ $598,000 transfer to MVTA for CMAQ local match (required for grants)
➢ $200,000 transfer to Scott Co. for TH 169 Study (in 8/11 staff report)
➢ $162,000 transfer to Scott County in TH 169 Study for future downtown
transit improvements with TH13/CH21 project (replaces downtown park-
ing lot project)
➢ $70,000 transfer to MVTA for park/ride security camera upgrades (listed
in 8/11 staff report at $25,000)
➢ $110,000 credit to Shakopee for past JARC ridership (new)
$1,800,000 TOTAL
Prior Lake must assign its contract to provide bus service entered into on Novem-
ber 13, 2012 with Schmitty and Sons Transportation, Inc. to MVTA. The attached
Assignment and Assumption of Contract will transfer the City's existing contract
with Schmitty and Sons Transportation, Inc. to MVTA. Also attached is a Termi-
nation of Memorandum of Understanding (MOU) for the Acquisition of a Coach
Bus and Operation Funds with JARC Grant Funds by and between the City of
Prior Lake and the City of Shakopee. The two cities had previously entered into
a Memorandum of Understanding for the acquisition and operation of JARC
routes. Now that the two cities are consolidating with MVTA, the individual cities
will no longer be operating JARC routes and the MOU is no longer necessary.
Conclusion
The following specific actions are being requested in the Council's resolution:
1. Authorize the Mayor and City Manager to execute the Agreement for Par-
ticipation in the Trunk Highway 169 Transitway Study and Downtown
Transit Improvements ($200,000 + $162,000).
2. Approve a transfer of funds to MVTA totaling $668,000 for Prior Lake's
share of the CMAQ local match and the security camera upgrades at Scott
County park & ride lots.
3. Approve a credit of $110,000 from Prior Lake transit funds to Shakopee
transit funds for past JARC ridership reimbursement for 2011-2014.
4. Authorize the City Manager to execute the Assignment and Assumption of
Contract by and between the City of Prior Lake and the Minnesota Valley
Transit Authority.
5. Authorize the City Manager to execute the Termination of Memorandum of
Understanding for the Acquisition of a Coach Bus and Operation Funds
with Job Access and Reverse Commute Grant Funds.
ISSUES: The cities of Prior Lake and Shakopee have been working together with MVTA
and Metropolitan Council transit staff to make sure that all proposed uses of city
reserve funds are legitimate, including transfers to MVTA. The Met Council is
allowing the two cities and MVTA to decide on their use of city reserves as long
as the MVTA reserve transfer and the CMAQ local match is covered.
FINANCIAL Prior Lake will have sufficient transit reserve funds to fully fund its commitments
IMPACT: to MVTA as part of the merger.
ALTERNATIVES: 1. Motion and a second, as part of the Consent Agenda, to approve a resolution
approving final transit merger actions related to fund transfers, assignments
and terminations.
2. Motion and a second to deny Prior Lake's final transit merger actions.
3. Motion and a second to direct staff to return with further information as identi-
fied by the Council.
RECOMMENDED Alternative#1
MOTION:
ATTACHMENTS: 1. Table showing Transit Merger Funds Available for Transfers & Spend-Down
2. U.S. 169 Transitway Study Scope of Work
3. Agreement for Participation in Trunk Highway 169 Transitway Study and
Downtown Transit Improvements
4. Assignment and Assumption of Contract
5. Termination of JARC MOU
3
o�
U
4646 Dakota Street SE
�INZso*"Q' Prior Lake,MN 55372
RESOLUTION 14•xxx
A RESOLUTION APPROVING FINAL TRANSIT MERGER ACTIONS RELATED TO FUND TRANSFERS,
ASSIGNMENTS AND TERMINATIONS
Motion By: Second By:
WHEREAS, On August 11, 2014, the Prior Lake City Council approved an agreement to consolidate public
transit services with Minnesota Valley Transit Authority (MVTA) and a third amended and
restated joint powers agreement with MVTA; and
WHEREAS, The City of Prior Lake is now a member of the MVTA; and
WHEREAS, The City of Prior Lake has completed a final analysis of all transfers necessary from its Transit
Reserve Fund in order to implement merged transit operations with MVTA; and
WHEREAS, The City of Prior Lake desires to assign its interest in the its contract to provide bus service
entered into on November 13,2012 with Schmitty and Sons Transportation, Inc.to MVTA,which
desires to assume this contract; and
WHEREAS, Now that the cities of Prior Lake and Shakopee will no longer be operating Job Access and
Reverse Commute(JARC)Routes,the City of Prior Lake desires to terminate the Memorandum
of Understanding for the Acquisition of a Coach Bus and Operation Funds with JARC Grant
Funds with the City of Shakopee.
NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA
as follows:
1. The recitals set forth above are incorporated herein.
2. The Mayor and City Manager are hereby authorized to execute the Agreement for Participation in
the Trunk Highway 169 Transitway Study and Downtown Transit Improvements in the City of Prior
Lake ($200,000 +$162,000).
3. Reserve Funds of$668,000 shall be transferred from Prior Lake to MVTA as Prior Lake's share of
the CMAQ local 3-year match for six new buses, and for security camera upgrades at Scott County
park& ride lots.
4. An amount of$110,000 shall be credited to Shakopee transit funds from Prior Lake for past JARC
ridership reimbursement for 2011-2014.
5. The City Manager is hereby authorized to execute the Assignment and Assumption of Contract by
and between the City of Prior Lake and the Minnesota Valley Transit Authority.
6. The City Manager is hereby authorized to execute the Termination of Memorandum of
Understanding for the Acquisition of a Coach Bus and Operation Funds with Job Access and Reverse
Commute Grant Funds.
PASSED AND ADOPTED THIS 22nd DAY OF DECEMBER, 2014.
VOTE Hedberg Keeney McGuire Morton Soukup
Aye ❑ ❑ ❑ ❑ ❑
Nay ❑ ❑ ❑ ❑ ❑
Absent ❑ ❑ ❑ ❑ ❑
Abstain ❑ ❑ ❑ ❑ ❑
Frank Boyles, City Manager
2
TRANSIT MERGER FUNDS AVAILABLE FOR
TRANSFERS & SPEND-DOWN
Prior Lake and Shakopee
Available Regional Transit Funds- Prior Lake $1,690,000
Available Regional Transit Funds-Shakopee $1,160,000
STA Legislative Allocation 2014- Both Cities $17,000
Est.Total Reserve Balance $2,867,000
Note: Prior Lake owes Shakopee $110,000 for IARC rides,
which shows as a credit to Shakopee and as a
debit to Prior Lake
MVTA Transfers Per Approved Agreement: Total
1. Start-up Costs for MVTA(list by MVTA) $685,000
2. 25% Reserves (of Cities' operating budgets) $550,000
Subtotal Transfers $1,235,000
MVTA Transfer for CMAQ Local Match:
New 6-Bus CMAQ Match (3-year est. by MVTA) $1,000,000
Amount of Regional Funds to Spend Down $632,000
Spend-down Proposal: Total
1. Scott Co. US 169 Transit Study- local share $400,000
2. Scott Co. US 169 Study(amended to include $162,000
downtown Prior Lk transit improvements)
3. Security Camera Upgrades (MVTA project) $70,000
Subtotal Spend-Down $632,000
Balance $0
Updated: 12/15/2014
NOTE:
1. Shakopee expenditures include: $275,000(MVTA Start-up),
$300,000(MVTA Reserves), $385,000(CMAQ Match),
$200,000(Scott Co. US-169 Transit Study contribution);
2. Prior Lake expenditures include: $410,000(MVTA Start-up),
$250,000(MVTA Reserves),$598,000(CMAQ Match),
$200,000(Scott Co. US-169 Transit Study contribution);
$162,000(US-169 Study-add dwntn PL transit improvements);
$70,000(existing security camera upgrades at park/ride lots).
3. Shakopee STA expenditures include: $10,000(CMAQ Match).
Prior Lake STA expenditures include: $7,000 (CMAQ Match).
U.S. 169 TRANSITWAY & MNPASS MANAGED LANE STUDY
Sponsor Agency:Scott County
Partner Agencies:
Minnesota Department of Transportation
• Metro District*
• District 7
• Central Office-MnPASS
Metropolitan Council*
Hennepin County
Scott County**
City of Prior Lake**
City of Shakopee**
U.S. Highway 169 Corridor Coalition**
** Funding Committed
*Funding Commitment Expected
Counties:
Hennepin County
Scott County
Cities:
City of Bloomington
City of Eden Prairie
City of Edina
City of Golden Valley
City of Hopkins
City of Minneapolis
City of Minnetonka
City of Prior Lake
City of Plymouth
City of St. Louis Park
City of Shakopee
Tribal Government:
Shakopee Mdewakanton Sioux Community
Transit Providers:
City of Prior Lake/City of Shakopee/Blue Xpress/MN Valley Transit Authority
M etroTra ns it
Plymouth Metrolink
Southwest Transit
Smartlink
SMSC
Land to Air Express
SmartLink
Study Purpose
The study is intended to develop and evaluate alternatives for implementing a Bus Rapid Transit(BRT)
Transitway and/or MnPASS Managed Lane on U.S. 169 between TH41 in Shakopee and Downtown
Minneapolis via 1-394. Initially the study will examine at a screening level the potential for long haul
service to the Makato area and extention of the BRT on US 169 north to the Blue Line. These screens
are intended to determine if either of these service exentions merit further study in the more detailed
feasibility work. One that is determined,the study will analyze in more detail potential BRT guideway
designs,station locations, operations, and connections to other planned transitways using the
recommends in the recent Metropolitan Council Regional Highway Transitway study along with other
plans. The study will also analyze spot mobility improvements and/or strategic expansion on the US 169
corridr that could support MnPASS Managed Lane on the freeway segement of TH 169 to connect
perhaps all the way to the 1-394 existing managed lane system,with potential 1 494 future managed
lanes and/or other LRT, BRT&transit improvements in the corridor.
The Feasiblity Study will build on the results of the Regional Highway Transitway Study and is the next
step in the decision making process leading to transit-related investments in the US169 Corridor. The
purpose of the Feasbility Study is
1. Identify the market(s)for transit service in the corridor
2. Identify the appropriate transit mode(s)and alignment(s)to serve the market area(s)
3. Determine where MnPASS will be be a part of the highway facility on the US 169 corridor and
whether transit will be within that guideway.
4. Evaluate the identified transit mode(s)and alignment(s)to select a locally preferred alternative
for advancement into environmental review.
5. Identify,engage and clearly communicate with,and obtain and incorporate meaningful input
from key constituencies in the corridor regarding the transit markets, proposed alternatives, and
evaluation results identified through the feasilibility study.
6. Develop a recommended course of action for advancing the corridor into environmental review
and the FTA New Starts process
Scope of Work—Primary Tasks
• Project Management
• w/extensive stakeholder engagement
• Needs &Assessment
• Including specific study goals and objectives identification
• Existing Conditions/Projected
■ Housing
■ Employment
■ Express Ridership
■ Possible Fixed Route Connections
■ Park& Rides
■ Bus Shoulders Existing&Gaps
■ Regional Trails
• Future Infrastuture opportunities
• Nine Mile Creek Bridge Replacement
• Screen Level Assesments(to determine feasibility study termini)
• Long Haul Market Potential to Mankato
• BRT potential to TH610 Blue Line Connections
• Develop Concept Option Layouts&Cost Estimates
• At least options(fixed guideway BRT only, Hybrid BRT, BRT with MnPass)
2
• Downtown Mpls Options(Target Field Station, Marquette
• Including evaluation criteria and measures
• Travel Demand Forecasting&Modeling
• w/more in-depth transit operations and ridership forecasting
• Benefit/Cost Analysis
• Develop Short and Long-Term Recommendations and Implementation Plan
• Transitway options to move forward to Environmental Review and further study
• MnPASS spot mobility and strategic Expansion alternatives to move foreward to preliminary
design/Environmental Review
• Supporting Transit Service Plan
• Land Use Considerations
• Future Infrastucture recommentations
• Community Outreach & Education
• Website and Social Media
• Translation Services
• Respond to Public Comment
• Stakeholder Working Groups
• Staff Publci Meetings
• Final Report
Why are we doing this Study?
The regional transportation investments are shifting away from alleviating congestion by providing
additional highway capacity for single occupancy vehicles and towards investments that support
carpooling and a connected high-speed transit system. A multi-modal U.S. 169 corridor is needed to
maintain access for existing employment centers rand ultimately to keep communities sustainable and
competitive. Previous studies have evaluated strong ridership potential for a station to station
transitway service on U.S. 169. It is necessary to establish a vision for the U.S. 169 corridor to have the
transitway incorporated into the Transportation Policy Plan's fiscally constrained scenario by
amendment or at least with the next update in 2018. The study will further clarify the ridership
opportunities,other connecting investments needed and what funding programs(New Starts, Small
Starts,TIGER or new emerging programs likely to be inititated with the next federal reauthorization)
are most suited to move the projet forward more quickly towards implementation.
What is expected from this effort?
• A development vision that is realistic and community land use and transportation plan elements
coordinated to support the vision.
• A vision of a regional transportation system to support mobility within the corridor that is
understood and supported by all communities.
• Ensuring land uses and public infrastructure are planned in a manner that supports ridership
and enhances livability and economic development surrounding the stations.
• Quantify,categorize,and inventory the types of land uses we have today.
• Identify future economic development opportunities,and prepare and organize economic
development, marketing and workforce development strategies that ensure the transitway
provides a strong return on investment.
• Agreement on where and what major transportation and other infrastructure investments are
needed to take advantage of and enhance the outcomes of our collective transportation efforts.
• Provide an update to the 2009 MnPASS evaluation study.
• Provide more detailed analysis to identify stations,guide way needs, ridership&costs.
• Identify connections and opportunities to coordinate stations with other planned transitways
including the Southwest/Green Line Extension LRT and American Boulevard BRT.
3
• Have study supported and included as part of regional work program, including either
amendments or future updates to the Transportation Policy Plan.
• Complete study in order to have final outcomes and recommendations available for inclusion in
local comprehensive plan updates due by 2018.
• Better position the U.S. 169 corridor for additional transportation funding.
4
CPT 169-04
TH 169 Transitway Study
County of Scott
City of Prior Lake
AGREEMENT FOR PARTICIPATION IN
TRUNK HIGHWAY 169 TRANSITWAY STUDY AND DOWNTOWN TRANSIT
IMPROVEMENTS IN THE CITY OF PRIOR LAKE
THIS AGREEMENT, made and entered into this day of , 20 , by and between the
County of Scott, a body politic and corporate under the laws of the State of Minnesota, hereinafter referred to
as the "County" and the City of Prior Lake, a body politic and corporate under the laws of the State of
Minnesota, hereinafter referred to as the "City,
RECITALS:
A. The County, Metropolitan Council, and Minnesota Department of Transportation (Mn/DOT) will be
jointly working together, through Joint Powers Agreements, on the Trunk Highway (TH) 169
Transitway Study-County Project No. CPT 169-04(hereinafter referred to as the Study).
B. The Study will develop and evaluate alternatives for implementing a Bus Rapid Transit (BRT)
Transitway and/or a MnPASS Managed Lane on the TH 169 corridor between Scott County and
downtown Minneapolis via I-394.
C. The Study will analyze potential$RT alignment alternative designs, operations, connections to other
planned transitways, and station locations as recommended in the recent Metropolitan Council
Highway Transitway Corridor Study.
D. The Study will analyze mobility improvements'to support a MnPASS Managed Lane on TH 169 that
provides congestion free options for bus transit, car/vanpools, and other commuters during peak rush
hour periods.
E. Recommendations, outcomes and implementation strategies from the Study will be available for
inclusion in the City's local comprehensive plan update due by 2018.
F. The Study will produce an implementation plan and coordinate implementation recommendations
with other planned and programmed investments.
G. The recommendations that come from this Study will benefit the residents and businesses in the City,
by elevating the significance of the TH 169 corridor and keeping the County economically
competitive in the region, and will serve as a basis for future funding priorities at both the local and
regional level.
H. The Study work shall be consistent with the scope of work identified in Exhibit B.
1. A portion of the Study area, as described above, serves the City of Prior Lake residents.
CPT 169-04
TH169 Transitway Study
County of Scott
City of Prior Lake
J. The City has expressed its desire to participate in the cost of the Study on TH 169.
K. The estimated total cost for the Study is approximately$1,200,000.
L. The County will be reconstructing the intersection of County Highway 21 and Trunk Highway 13 in
2019 and it will necessitate the elimination of the park and pool lot on the northeast corner of the
intersection..
M. The City and County have agreed to evaluate future transit park and pool lot needs in downtown
Prior Lake before or in conjuction with the intersection reconstruction project.
N. The City will desposit transit funds estimated at $162,000 with the County for future downtown
transit improvements, including the possible parking lot rehabilitation of an existing city lot on
Colorado Street.
O. It is contemplated that said work shall be carried out by the parties under the provisions of Minn.
Stat. Sec. 162.17, subd. 1.
NOW, THEREFORE, IT IS HEREBY AGREED:
1. All work shall be completed under the direction of the County, consistent with the scope of work for
the TH 169 Transitway&MnPASS Lane Study.
2. The County shall act as the lead agency and will provide day to day project management for the
Study.
3. The City agrees and desires to actively participate in the various technical and policy committees
established for the Study.
4. The County agrees to incorporate downtown Prior Lake transit improvements into its Trunk Highway
13 and County Highway 21 intersection improvement project. This project shall be completed in 2019 or
before. The funding may be used for engineering, construction engineering and construction.
5. The City shall deposit the estimated cost of the downtown transit improvements with Scott County.
The County will desposit these funds in the Road and Bridge Account and amend the intersection
improvement project to include the downtown transit improvements.
6. If deemed necessary by the County and City prior to a downtown transit improvement project(s)
approval, the City will agree to pay any additional costs associated with the improvement(s) above the
deposited fund amount.
7. The City shall deposit with the Scott County Treasurer one hundred percent(100%) of the amount of
Two Hundred Thousand Dollars and no/100 ($200,000.00) for the study and an estimated One Hundred
Sixty Two Thousand Dollars and no/100 ($162,000.00) for the downtown transit improvements no later than
December 31, 2014.
CPT 169-04
TH169 Transitway Study
County of Scott
City of Prior Lake
8. The City and County agree that if downtown transit improvements does not begin construction by the
end of 2019, or if the project cost is less than the deposited funds, such transit funds will be transferred to
the Minnesota Valley Transit Authority no later than December 31, 2019.
9. In the event that a dispute arises, the County and the City agree that all disputes between them arising
out of or relating to this agreement shall be submitted, upon agreement of both parties,to mediation, with
the cost being shared equally.
10. Since each party recognizes each other as a political subdivision of the State of Minnesota, each party
shall maintain general liability and automobile liability coverage protecting itself, its officers, agents,
employees and duly authorized volunteers against any usual and customary public liability claims to the
limits prescribed under Minn. Stat. Sec. 466.04 and Workers' Compensation and shall be in accordance with
the Minnesota statutory requirements. Said policies shall be kept in effect during the entire term of this
agreement.
11. All records kept by the City and the County with respect to the Study shall be subject to examination
by the representatives of each party. All data collected, created,;received, maintained or disseminated for
any purpose by the activities of the County or City pursuant to this agreement shall be governed by
Minnesota Statutes Chapter,13, as amended, and the Minnesota Rules implementing such Act now in force
or hereafter adopted.
12. Neither the County, its officers, agents or employees, either in their individual or official capacity,
shall be responsible or liable in any manner to the City for any claim, demand, action or cause of action of
any kind or character arising out of, allegedly arising out of or by reason of the performance, negligent
performance or nonperformance of the hereinbefore described maintenance, restoration, repair or
replacement work or provision of work as directed by the City, or arising out of the negligence of any
contractor under any contract let by the City for the performance of said work; and the City agrees to defend,
save and keep said County, its officers, agents and employees harmless from all claims, demands, actions or
causes of action arising out of negligent performance by the City, its officers, agents or employees.
13. It is further agreed that neither the City, its officers, agents or employees, either in their individual or
official capacity shall be responsible or liable in any manner to the County for any claim, demand, action or
cause of action of any kind or character arising out of, allegedly arising out of or by reason of the
performance, negligent performance or nonperformance of the hereinbefore described maintenance,
restoration, repair or replacement work by the County, or arising out of the negligence of any contractor
under any contract let by the County for the performance of said work; and the County agrees to defend,
CPT 169-04
TH 169 Transitway Study
County of Scott
City of Prior Lake
save and keep said City, its officers, agents and employees harmless from all claims, demands, actions or
causes of action arising out of negligent performance by the County, its officers, agents or employees.
14. It is further agreed that each party to this agreement shall not be responsible or liable to the other or to
any other person whomsoever for any claims, damages, actions, or causes of actions of any kind or character
arising out of, allegedly arising out of or by reason of the performance, negligent performance or
nonperformance of any work or part hereof by the other as provided herein; and each party further agrees to
defend at its sole cost and expense any action or proceeding commenced for the purpose of asserting any
claim of whatsoever character arising in connection with or by virtue of performance of its own work as
provided herein.
Each party's obligation to indemnify the other under this clause shall be limited in accordance with
the statutory tort liability limitation as set forth in Minnesota Statutes Chapter 466.04 to limit each parry's
total liability for all claims arising from a single occurrence, include the other party's claim for
indemnification,to the limits prescribed under 466.04.
15. It is further agreed that any and all employees of the City and all other persons engaged by the City in
the performance of any work or services required or provided herein to be performed by the City shall not be
considered employees, agents or independent contractors of the County, and that any and all claims that may
or might arise under the Workers' Compensation Act or the Unemployment Compensation Act of the State
of Minnesota on behalf of said City employees while so engaged any and all claims made by any third
parties as a consequence of any act or omission on the part of said City employees while so engaged in any
of the work or services provided to be rendered herein shall be the sole responsibility of the City shall in no
way be the obligation or responsibility of the County.
Any and all employees of the County and all other persons engaged by the County in the performance
of any work or services required or provided for herein to be performed by the County shall not be
considered employees, agents or independent contractors of the City, and that any and all claims that may or
might arise under the Workers' Compensation Act or the Unemployment Compensation Act of the State of
Minnesota on behalf of said County employees while so engaged and any and all claims made by any third
parties as a consequence of any act or omission on the part of said County employees while so engaged in
any of the work or services provided to be rendered herein shall be the sole responsibility of the County and
shall in no way be the obligation or responsibility of the City.
16. The provisions of Minn. Stat. Sec. 181.59 and of any applicable local ordinance relating to Civil
Rights and discrimination and the affirmative action policy statement of Scott County shall be considered a
part of this agreement as though fully set forth herein. In addition, upon entering into this agreement, the
CPT 169-04
TH 169 Transitway Study
County of Scott
City of Prior Lake
City certifies that it has been made fully aware of Scott County's Equal Employment Opportunity and
Americans With Disabilities Act Policy, attached hereto and incorporated herein as Exhibit "A" through
both oral and written communications.
12. The County's Authorized Agent for the purpose of the administration of this agreement is Maria A.
Heller, Supervisor Admin Services, or her successor. Her current address and phone number are Scott
County Highway Department, 600 Country Trail East, Jordan, MN 55352, (952) 496-8369.
The City's Authorized Agent for the purpose of the administration of this agreement is Frank Boyles,
City Manager, or his successor. His current address and phone number are 4646 Dakota Street SE, Prior
Lake, MN 55372 (952) 447-9800.
IN TESTIMONY WHEREOF, the parties hereto have caused this agreement to be executed by their
respective duly authorized officers as of the day and year first above written.
CITY OF PRIOR LAKE
(SEAL)
By And
Kenneth L.Hedberg,Mayor Frank Boyles, City Manager
Date Date
COUNTY OF SCOTT
ATTEST:
By By
Gary L. Shelton, County Administrator Thomas Wolf, Chair of Its County Board
Date Date
Approved as to form and upon proper execution, RECOMMEND FOR APPROVAL:
will be legally valid and binding.
By By
For Pat Ciliberto, County Attorney Mitchell J. Rasmussen, County Engineer
Date Date
http://teamscoop/team/pwpmo/cpt16904/Agreements/Agreement_Prior Lake_169_Study.doc
EXHIBIT A
E: POLICY STATEMENT
It is the policy of Scott County Government to provide Equal Opportunity to all employees and
applicants for employment in accordance with all applicable Equal Employment Opportunity
laws, directives, and regulations of Federal, State, and local governing bodies or agencies
thereof, including Minnesota Statutes, Chapter 363A.
Scott County will not engage in any employment practices which discriminate against or
harass any employee or applicant for employment because of race, color, creed, religion,
national origin, sex, disability, age, martial status, sexual orientation, or status with regard to
public assistance. Such employment practices include, but are not limited to, the following:
hiring, upgrading, demotion, transfer, recruitment or recruitment advertising, selection, layoff,
disciplinary action, termination, rates of pay or other forms of compensation, and selection for
training, including apprenticeship.
Further, Scott County fully supports incorporation of nondiscrimination rules and regulations
into contracts and will commit the necessary time and resources to achieve the goals of Equal
Employment Opportunity.
Any employee of the County who does not comply with the Equal Employment Opportunity
Policies and Procedures set forth in this Statement and Plan will be subject to disciplinary
action. Any subcontractor of the County not complying with all applicable Equal Employment
Opportunity laws, directives, and regulations of Federal, State, and local governing bodies or
agencies thereof, including Minnesota Statutes, Chapter 363A, will be subject to appropriate
contractual sanctions.
Scott County has designated the Employee Relations Director as the manager of the Equal
Opportunity Program. These responsibilities will include monitoring all Equal Employment
Opportunity activities and reporting the effectiveness of this program, as required by Federal,
State, and local agencies. The Scott County Administrator will receive and review reports on
the progress of the program. If any employee or applicant for employment believes he or she
has been discriminated against, please contact the Scott County Employee Relations Director,
Scott County Employee Relations, Government Center Room 201, 200 Fourth Avenue West,
Shakopee, Minnesota 55379-1220, or call (952) 496-8103.
4L helton Date Thomas J. Wolf Date
Scott County Administrator Chair, Board of Commissioners
EXHIBIT B
U.S. 169 TRANSITWAY & MNPASS MANAGED LANE STUDY
Sponsor Agency: Scott County
(Funding)Partner Agencies:
Minnesota Department of Transportation
Metropolitan Council
Hennepin County
Scott County
City of Prior Lake
City of Shakopee
U.S.Highway 169 Corridor Coalition
Counties:
Hennepin County
Scott County
Cities:
City of Bloomington
City of Eden Prairie
City of Edina
City of Golden Valley
City of Hopkins
City of Minneapolis
City of Minnetonka
City of Prior Lake
City of St.Louis Park
City of Shakopee
Shakopee Mdewakanton Sioux Community
Transit Providers:
City of Prior Lake/City of Shakopee/Blue Xpress/MN Valley Transit Authority
MetroTransit
Southwest Transit
Smartlink
Study Purpose
The study is intended to develop and evaluate alternatives for implementing a Bus Rapid Transit(BRT)Transitway and/or MnPASS
Managed Lane on U.S. 169 between TH41 in Shakopee and Downtown Minneapolis via I-394. The study will also analyze in more
detail potential BRT designs,operations,connections to other planned transitways,and station locations as recommended in the recent
Metropolitan Council Regional Highway Transitway study. The study will also analyze spot mobility improvements that could support
MnPASS Managed Lane to connect into the I-394 managed lane system and/or other transit improvements in the corridor.
Scope of Work—Primary Tasks
• Project Management
• w/extensive stakeholder engagement
• Needs Assessment
• Including specific study goals and objectives identification
• Develop Concept Option Layouts&Cost Estimates
• Including evaluation criteria and measures
• Travel Demand Forecasting&Modeling
• w/more in-depth transit operations and ridership forecasting
• Benefit/Cost Analysis
• Develop Short and Long-Term Recommendations and Implementation Plan
• Final Report
• Community Outreach&Education
Why are we doing this Stud
The regional transportation system is shifting away from alleviating congestion by providing additional highway capacity for single
occupancy vehicles and towards investments that support carpooling and a connected high-speed transit system. A multi-modal U.S.
169 corridor is needed to keep our communities competitive in the region. Previous studies have evaluated strong ridership potential
for a station to station transitway service on U.S. 169. It is necessary to establish a vision for the U.S. 169 corridor to have the
transitway incorporated into the Transportation Policy Plan and position itself towards implementation.
What do we expect to gain from this effort?
• A development vision that is realistic and community land use and transportation plan elements coordinated to support the
vision.
• A vision of a regional transportation system to support mobility within the corridor that is understood and supported by all
communities.
• Ensuring land uses and public infrastructure are planned in a manner that supports ridership and enhances livability and
economic development surrounding the stations.
• Quantify,categorize,and inventory the types of land uses we have today.
• Identify future economic development opportunities,and prepare and organize economic development,marketing and
workforce development strategies that ensure the transitway provides a strong return on investment.
• Agreement on where and what major transportation and other infrastructure investments are needed to take advantage of and
enhance the outcomes of our collective transportation efforts.
• Provide an update to the 2009 MnPASS evaluation study.
• Provide more detailed analysis to identify stations,guide way needs,ridership&costs.
• Identify connections and opportunities to coordinate stations with other planned transitways including the Southwest/Green
Line Extension LRT and American Boulevard BRT.
• Have study supported and included as part of regional work program,including future updates to the Transportation Policy
Plan.
• Complete study in order to have final outcomes and recommendations available for inclusion in local comprehensive plan
updates due by 2018.
• Better position the U.S. 169 corridor for additional transportation funding.
ASSIGNMENT AND ASSUMPTION OF CONTRACT
THIS ASSIGNMENT AND ASSUMPTION OF CONTRACT (this "Assi ig mnent") is by
and between the City of Prior Lake, a Minnesota municipal corporation ("Assignor") and the
Minnesota Valley Transit Authority,a municipal joint powers association("Assignee"}.
RECITALS
WHEREAS, as of the date hereof, Assignor and Assignee have each executed and
delivered a certain Third Amended and Restated Joint Powers Agreement and an Agreement to
Consolidate Public Transit Services;and
WHEREAS,pursuant to the Agreement to Consolidate Public Transit Services,Assignor
has agreed to assign, and Assignee has agreed to assume, that certain Contract to provide bus
service entered into on November 13, 2012 by and between Assignor, City of Prior Lake, and
Schmitty and Sons Transportation, Inc. ("Contractor"), a copy of which Contract is attached
hereto as Exhibit A(the"Contract').
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged,Assignor and Assignee hereby agree as follows:
AGREEMENTS
1. Assignment and Assumption. Subject to the terms and conditions of this
Assignment, Assignor does hereby assign and transfer unto Assignee, and Assignee does hereby
assume and accept the assignment of, all of Assignor's right, title and interest in and to, and
obligations under,the Contract.
(a) Except as modified hereunder, the Contract terms remain in full force and
effect.
2. Effective Date. The Assignor, Assignee ghee and Contractor acknowledge that this
Assignment shall not have any force and effect until it is duly signed by authorized signatories of
the Assignor,Assignee and Contractor. The Parties further acknowledge that the Effective Date
of this Assignment shall be on January 1,2015.
3. Successors and Assigns. All of the provisions hereof shall inure to the benefit of
and be binding upon the respective heirs,successors and assigns of Assignor and Assignee.
i
4. Counterparts. This Assignment may be executed in any number of counterparts,
and each counterpart hereof shall be deemed to be an original instrument, but all such
counterparts shall constitute but one and the same Assignment.
S. Further Assurances. Each of the Assignor and the Assignee shall execute,
acknowledge, and deliver to each other such further instruments, and take such other actions, as
may be reasonably necessary to carry out the provisions of this Assignment.
i
IN WITNESS WHEREOF, Assignor and Assignee have executed this Assignment
effective as of this day of 52014.
Assignor: City of Prior Lake
By:
Frank Boyles
Its: Ci Manager
Assignee: Minnesota Valley Transit Authority
By:
Beverly Miller
Its: Executive Director
ACKNOWLEDGMENT BY CONTRACTOR
Schmitty and Sons Transportation, Inc., as Contractor under the Contract, does hereby
acknowledge and agree to: (i) the assignment of the Contract by Assignor and assumption by
Assignee with respect to the Contract pursuant to this Assignment as of the Effective Date, on
and subject to the terms and conditions of this Assignment, and (ii) hereby ratifies and confirms
the Contract, as assigned pursuant to this Assignment, as valid and continuing in full force and
effect on and subject to all of the terms of the Contract and this Assignment.
Contractor: Schmitty and Sons Transportation Inc
By:
Bill Forbord
Its: Chief Operating Officer
Date: / a
i
i
2
EXHIBIT A
Contract between the City of Prior Lake and Schmitty and Sons Transportation,Inc.
[Attached Following This Page]
TERMINATION OF
MEMORANDUM OF UNDERSTANDING
FOR THE ACQUISITION OF A COACH BUS AND OPERATION FUNDS
WITH JOBS ACCESS REVERSE COMMUTE GRANT FUNDS
THIS TERMINATION OF MEMORANDUM OF UNDERSTANDING (this
"Termination") is by and between the City of Prior Lake, a Minnesota municipal corporation
("Prior Lake") and the City of Shakopee, a Minnesota municipal corporation ("Shakopee")
(hereinafter collectively referred to as the "Parties").
RECITALS
WHEREAS, the Parties have entered into a Memorandum of Understanding for the
Acquisition of a Coach Bus and Operating Funds with Jobs Access Reverse Commute Grant Funds
("MOU"), a copy of which is attached hereto as Exhibit A; and
WHEREAS, as of the date hereof, the Parties have each executed and delivered a certain
Third Amended and Restated Joint Powers Agreement and an Agreement to Consolidate Public
Transit Services with the Minnesota Valley Transit Authority; and
WHEREAS, as members of the Minnesota Valley Transit Authority, the Parties will no
longer be operating Jobs Access Reverse Commute routes; and
WHEREAS, the MOU is no longer necessary; and
WHEREAS,the Parties have agreed to terminate the MOU.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, Prior Lake and Shakopee hereby agree as follows:
AGREEMENTS
1. Termination. Subject to the terms and conditions of this Termination, Prior Lake
and Shakopee do hereby terminate the MOU.
2. Effective Date. The Parties acknowledge that this Termination shall not have any
force and effect until it is duly signed by authorized signatories of Prior Lake and Shakopee. The
Parties further acknowledge that the Effective Date of this Termination shall be on January 1,
2015.
3. Counterparts. This Termination may be executed in any number of counterparts,
and each counterpart hereof shall be deemed to be an original instrument,but all such counterparts
shall constitute but one and the same Termination.
4. Further Assurances. The Parties shall execute, acknowledge, and deliver to each
other such further instruments,and take such other actions as may be reasonably necessary to carry
out the provisions of this Termination.
IN WITNESS WHEREOF, Prior Lake and Shakopee have executed this Termination
effective as of this day of , 2014.
Prior Lake: City of Prior Lake
By:
Frank Boyles
Its: City Manager
Shakopee: City of Shakopee
By:
Its:
EXHIBIT A
Memorandum of Understanding
for the Acquisition of a Coach Bus and Operating Funds with
JOBS Access and Reverse Commute Grant Funds
[Attached Following This Page]