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Execute a License Agreement with Flint Hills Area Transportation Agency for Bus Stop Amenities in the City’S Right-Of-Way

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Execute a License Agreement with Flint Hills Area Transportation Agency for Bus Stop Amenities in the City’S Right-Of-Way CITY COMMISSION AGENDA MEMO January 29, 2018 FROM: Jared Wasinger, Assistant to the City Manager MEETING: February 6, 2018 SUBJECT: Bus Stop Amenities License Agreement with Flint Hills Area Transportation Agency (FHATA) PRESENTERS: Jared Wasinger, Assistant to the City Manager Anne Smith, Director, Flint Hills Area Transportation Agency (FHATA) BACKGROUND In 2009, the City of Manhattan partnered with the Kansas Department of Transportation (KDOT) to update the 2001 Transit Implementation Plan. The purpose of the planning effort was to review the feasibility of a city-wide fixed-route transit system and to determine the best approach for developing, financing, and managing the service. The consulting team of TranSystems Corporation with HDR Engineering worked with a steering committee composed of representatives from Kansas State University faculty, students, and administration; City Administration; a City Commissioner; Manhattan Area Chamber of Commerce; Flint Hill Area Transportation Agency (FHATA); Fort Riley; Kansas Department of Transportation; Coordinated Transit District #4; and Riley County. On July 20, 2010, the City Commission accepted the Transit Plan Update. FHATA implemented fixed routes in Manhattan in April 2012, while also pursuing access to the City’s right-of-way for the placement of bus stop amenities, such as route signage, benches, and shelters. At that time, the City Commission was not willing to allow the placement of any bus stop amenities other than signage in the public right-of-way. Therefore, on March 5, 2013, the City Commission authorized City Administration to negotiate and finalize an agreement with FHATA for the placement of fixed-route bus stop signage. The City of Manhattan entered into a license agreement with FHATA on May 21, 2013. Since that time, FHATA has seen significant growth of service in Manhattan as well as service on the campus of Kansas State University. For the last two years, FHATA and the Flint Hills Metropolitan Planning Organization (MPO) have been working to transform their fixed-route transit system in Manhattan, by implementing a new five-route system that more than doubles the frequency, coverage, and stops. While the new system will create routes and stops in areas of town currently unserved by fixed-route transit, a majority of the stops on the current system will still continue to be served. During their planning process, FHATA and the MPO conducted stakeholder interviews, public surveys, and made presentations at various organizations and agencies. According to FHATA and the MPO, bus stop amenities were consistently mentioned. Current bus stops consist only of a sign. FHATA has indicated they have seen riders sitting on retaining walls, leaning against traffic cabinets, or sitting on the curb, and during inclement weather, there is no shelter from the elements. With their new fixed-route system beginning in March, FHATA would like to begin the process of installing bus stop amenities to accommodate rider needs as funds and demand allows. DISCUSSION In November 2017, FHATA approached City Administration to examine the possibilities of revising the 2013 Revocable Bus Stop Sign License Agreement to include other bus stop amenities. FHATA is requesting the City Commission authorize City Administration enter into a similar license agreement that will allow for additional bus stop amenities, specifically: signs, concrete pads for Americans with Disabilities Act (ADA) compliance, benches, bicycle racks, and trash receptacles. The MPO has been working to develop a bus stop typology to outline which amenities will be appropriate for each stop. The implementation of bus stop amenities would be an on-going process to be completed over several years in coordination with Public Works staff. FHATA would begin installation of bus stop amenities at long established and popular spots. New routes and new stops will be monitored for performance by FHATA before long-term investments of bus stop amenities are pursed. Staff from the City Manager’s Office, Public Works Department, and City Attorney’s Office met with FHATA and the MPO in December 2017 to examine the current license agreement and examine possible changes. Amending the current agreement would have required many small changes throughout, and some provisions needed updating; therefore, the City Attorney’s Office prepared a new license agreement (attached), that when effective, would terminate the 2013 agreement. The proposed agreement mirrors the current one, and would allow FHATA to construct the defined bus stop amenities in City’s right-of-way, subject to the final approval of the City prior to installation. FHATA would be responsible for any and all costs associated with installation, repair and removal of all amenities. The exact locations of bus stop amenities will be developed in coordination with City staff to determine the best placement for ADA access, traffic flow, safety, etc. Final approval of all locations and bus stop amenities will be approved by the Public Works Director or his/her designee. This request and the proposed license agreement does not include bus shelters at this time. FHATA is sponsoring a design studio at the College of Architecture, Planning and Design at K-State. They are creating uniform design standards for bus stop amenities that will be used across the region. Final design of shelters has not been completed, so FHATA has indicated they would like to bring back shelters to the City Commission at a later time for approval. At a later date, the proposed agreement could be amended through City Commission approval to include “bus shelters” within the definition of the bus stop amenities. FINANCING Other than the required staff time for reviewing and approving locations for bus stop amenities, there is no fiscal impact associated with this action to the City. FHATA will assume all costs related to the purchase, installation, repair, and removal of bus stop amenities. FHATA anticipates Federal Transit Administration (FTA) funding for this purpose will be available in July 2018. ALTERNATIVES It appears the City Commission has the following alternatives concerning the issue at hand. The Commission may: 1. Authorize City Administration to finalize and the Mayor and City Clerk to execute a License Agreement with Flint Hills Area Transportation Agency for bus stop amenities in the city’s right-of-way. 2. Do not authorize City Administration to negotiate and execute the proposed agreement. 3. Modify the proposed agreement to meet the needs of the City Commission. 4. Table the request. RECOMMENDATION Authorize City Administration to finalize and the Mayor and City Clerk to execute a License Agreement with Flint Hills Area Transportation Agency (FHATA) for the installation of bus stop amenities in the city’s right-of-way. The agreement stipulates that all costs associated with the purchase, installation, repair and removal of bus stop amenities will be the sole responsibility of FHATA. POSSIBLE MOTION Authorize City Administration to finalize and the Mayor and City Clerk to execute a License Agreement with Flint Hills Area Transportation Agency for the placement of bus stop amenities in the city’s right-of-way. 18019 JW Attachments: 1. Proposed FHATA License Agreement for Bus Stop Amenities 2. 2013 Revocable Bus Stop Sign License Agreement (Current License Agreement) 3. City Commission Agenda Memo 03-04-2013 - Right-of-Way Use Agreement with Flint Hills Area Transportation Agency (ATA) BUS STOP AMENITIES LICENSE AGREEMENT THIS Agreement is made and entered into this ____ day of ____________________, 2018, by and between the City of Manhattan, Kansas, a municipal corporation and body politic hereinafter referred to as “City,” and Flint Hills Area Transportation Agency, a private non-profit organization with primary operations conducted in the State of Kansas, hereinafter referred to as “ATA.” WITNESSETH: WHEREAS, the Parties entered into a Revocable Bus Stop Sign License Agreement on the 21st day of May, 2013 (the “Prior Agreement”), which Prior Agreement provided for the placement of notification signs by ATA on right-of-way belonging to the City; and WHEREAS, the ATA desires to place additional bus stop infrastructure on the City’s right- of-way. NOW, THEREFORE, in consideration of the mutual covenants, conditions and promises contained herein, and for good and valuable consideration, the receipt and sufficiency of which are hereby mutually acknowledged, the parties hereto agree as follows: 1. Revocable License Grant. City hereby grants a revocable license to ATA to use portions of the City’s right-of-way, subject to approval by the City and all terms and conditions contained in this License Agreement, for the installation, use and maintenance of bus stop amenities as described herein. City may revoke the grant of this license for any reason or no reason, in its sole discretion. 2. Bus Stop Amenities. For the purposes of this Agreement, “bus stop amenities,” “amenity,” or “amenities” means signs, concrete pads, benches, bicycle racks, and trash receptacles. ATA may, at its sole expense and without contribution by the City, construct bus stop amenities that shall be subject to the final approval of City prior to installation. The City shall have final authority to approve proposed bus stop infrastructure for: location, content, design, markings, lettering, color, illumination, reflectivity, size, shape, material and construction to ensure compliance with the most current version of the Manual on
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