HomeMy WebLinkAbout2010-04-07 PACKET 04.K.REQUEST OF CITY COUNCIL ACTION COUNCIL AGENDA
MEETING ITEM #
DATE 04/07/201
PREPARED BY Engineering Jennifer Levitt
ORIGINATING DEPARTMENT STAFF AUTHOR
COUNCIL ACTION REQUEST
Adopt the resolution approving the TH 61 Detour Agreement No. 95974 for State Project 8205-
111 (T. H. 61 =003).
STAFF RECOMMENDATION
Recommend the Council adopt the resolution approving the TH 61
Detour Agreement No.
95974 for State Project 8205 -111 (T:H. 61 =003).
ADVISORY COMMISSION ACTION
DATE
REVIEWED APPROVED
DENIED
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❑ PUBLIC SAFETY
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❑ PUBLIC WORKS
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❑ PARKS AND RECREATION
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❑ HUMAN SERVICES /RIGHTS
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❑ ECONOMIC DEV. AUTHORITY
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SUPPORTING DOCUMENTS
® MEMO /LETTER: Jennifer Levitt, March 25, 2010 and Allan Espinoza, March 23, 2010.
® RESOLUTION:
❑ ORDINANCE:
❑ ENGINEERING RECOMMENDATION:
❑ LEGAL RECOMMENDATION:
® OTHER: State of Minnesota Department of Transportation Detour Agreement.
ADMINISTRATORS COMMENTS
Administrator
.
Date
COUNCIL ACTION TAKEN: ❑APPROVED ❑ DENIED ❑ OTHER
CITY OF COTTAGE GROVE
MINNESOTA
To: Honorable Mayor and City Council
Ryan Schroeder, City Administrator
From: Jennifer M. Levitt, P.E., City Engineer
Date: March 25, 2010
Re: TH 61 Detour Agreement No. 95974
Background /Discussion
The MnDOT will be rehabilitating TH 61 from south of 70 Street South to U.S. 10 in the
summer of 2010 with an unbonded concrete overlay. The project will also address drainage
issues adjacent to the project area. The MnDOT has proposed a detour route in Cottage
Grove to facilitate ramp closures at Innovation /CSAH 19. The proposed detour utilizes
Innovation Road northwesterly for 0.50 miles to 100 Street South, and on 100 Street South
from Miller Road southwesterly for 1.00 miles to Jamaica Avenue, and on Jamaica Avenue
northerly for 0.80 miles to TH 61. The MnDOT will pay the City $703.25 for the detour route
through the City. The value of the detour agreement is based upon the Gas Tax Method from
the Detour Management Study Final Report dated January 1991. The detour will not carry
mainline TH 61 traffic, only those vehicle trips that would use Innovation Road/ CSAH 19
interchange.
Recommendation
It is recommended the Council adopt the attached resolution approving the TH 61 Detour
Agreement No. 95974 for State Project 8205 -111 (T.H. 61 =003).
RESOLUTION NO. 2010-
RESOLUTION TO ENTER INTO MN /DOT AGREEMENT BETWEEN THE
STATE OF MINNESOTA, DEPARTMENT OF TRANSPORTATION FOR
TRUNK HIGHWAY 61 DETOUR
IT IS RESOLVED that the City of Cottage Grove enter into Mn /DOT
Agreement No. 95974 with the State of Minnesota, Department of Transportation
for the following purposes:
To provide for payment by the State to the City for the use of Miller Road,
100 Street S. and Jamaica Avenue as a detour route during the unbonded
concrete overlay and drainage repair construction and other associated
construction to be performed upon, along and adjacent to Trunk Highway No. 61
from U.S. 61/10 South intersection to 70 Street under State Project No. 8205-
111 (T. H. 61 =003).
IT FURTHER RESOLVED that the Mayor and the City Clerk are
authorized to execute the Agreement and any amendments to the Agreement.
NOW THEREFORE BE IT RESOLVED, by the City Council of the City of
Cottage Grove, County of Washington, State of Minnesota, is in agreement
between the State of Minnesota, Department of Transportation for Trunk
Highway 61 detour.
Passed this 7th day of April, 2010.
Myron Bailey, Mayor
Attest:
Caron M. Stransky, City Clerk
* t"ESp�4
op 7p1N
Minnesota Department of Transportation
190 NO
Metropolitan Division Traffic Engineering Allan Espinoza Phone #:(651) 234 -7812
Waters Edge Building, 2 nd Floor South Fax #: (651) 234 -7850
1500 West County Road B -2
Roseville, Minnesota 55113 -3105
Date: March 23, 2010
To: Jennifer Levitt, City Engineer,
Cottage Grove Public Works,
8635 W. Point Douglas Road,
Cottage Grove, MN 55016,
(651) 458 -2890.
From: Allan Espinoza
Subject: Trunk Highway No. 61 Detour
S.P. 8205-111 (T.H. 61=003)
State cost compensation for road life consumed
due to a T.H. 61 detour.
Detour Agreement No. 95974
Dear Ms. Levitt,
First and foremost, please disregard and dispose of the detour agreement copies sent to you on
January 12, 2010. The original detour route for this project has been changed.
Enclosed please find two (2) revised original copies of a proposed agreement with Cottage Grove.
This agreement provides for payment by the State to the City for the road life consumption of City
Streets used as a detour for Trunk Highway No. 61.
Please present this agreement to the City Council for its approval and execution, which includes
original signatures of the City Council's authorized City officers on both copies of the agreement.
Also required are two (2) original copies of a resolution passed by the City Council authorizing its
officers to sign the agreement in its behalf. A suggested form of such resolution is attached to each
agreement. Also enclosed, please find a double -sided copy of the agreement for your records. I have
also included an instruction sheet for execution of the agreements.
It is requested that the executed agreements and resolutions (two originals of each) be forwarded to
me as soon as possible. A copy will be returned to the City when fully executed.
If you have any questions, please call me.
Respectfully, Allan Espinoza
Metropolitan District Traffic Engineering
Page 2 of 2
CC:
Todd Clarkowski, WE*
Wayne Lemaniak, WE*
Cindy Krumseig, WE*
Maryann Kelly Sonnek, CO*
Todd Weston, CO*
Eric Splittstoser, WE*
Mike Gerbensky, WE*
Lanette Zaiger, CO*
Steve Misgen, WE*
District File, Control Section 48205
* = Electronic Copy
METRO DISTRICT STATE OF MINNESOTA
DEPARTMENT OF TRANSPORTATION
DETOUR AGREEMENT
Mn /DOT
AGREEMENT NO.
95974
S.P. 8205 -111 (T.H. 61 =003)
State Funds
The State of Minnesota
Department of Transportation, and
The City of Cottage Grove
Re: Compensation for road life
consumed by the T.H. 61 detour
ORIGINAL
AMOUNT ENCUMBERED
$703.25
AMOUNT RECEIVABLE
(None)
THIS AGREEMENT is made and entered into by and between the State of
Minnesota, Department of Transportation, hereinafter referred to as
the "State" and the City of Cottage Grove, Minnesota, acting by and
through its City Council, hereinafter referred to as the "City ".
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95974
WHEREAS, the State is about to perform unbonded concrete overlay and
drainage repair construction and other associated construction upon,
along and adjacent to Trunk Highway No. 61 from U.S. 61/10 South
intersection to 70 Street in accordance with State plans,
specifications and special provisions designated as State Project
No. 8295 -111 (T.H. 61 =003); and
WHEREAS, a detour will be required to carry Trunk Highway No. 61
traffic on City streets during the contract construction; and
WHEREAS, Minnesota Statutes Section 161.25 authorizes the
Commissioner of Transportation to designate by order, any public
street or highway as a temporary trunk highway detour when it is
determined that such detour is necessary for the purpose of
constructing or maintaining any trunk highway, and the detour shall
thereafter be maintained as a temporary trunk highway until the
designation is revoked; and
WHEREAS, the State is willing to reimburse the City for the road life
consumed by the detour as hereinafter set forth, such reimbursement
to be based on the income determined by the "Gas Tax Method" as set
forth in the Detour Management Study Final Report dated January 1991;
and
WHEREAS, Minnesota Statutes Section 161.20, subdivision 2 authorizes
the Commissioner of Transportation to make arrangements with and
cooperate with any governmental authority for the purpose of
constructing, maintaining and improving the trunk highway system.
IT IS, THEREFORE, MUTUALLY AGREED AS FOLLOWS:
ARTICLE I - DETOUR
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95974
Section A. Location
Those portions of the Trunk Highway No. 61 detour that utilize City
streets are on Miller Road from County State Aid Highway No.
19 (Innovation Road) northwesterly for .50 miles to 100 Street S.
and on 100 Street S. from Miller Road southwesterly for 1.00 miles
to Jamaica Avenue, and on Jamaica Avenue northerly for .80 miles to
Trunk highway No. 61/10.
Section B. Axle Loads and Over - Dimension Loads
The City shall permit 9 -ton axle loads on that portion of the Trunk
Highway No. 61 detour that is on City streets. over- dimension loads
will not be permitted except in cases of extreme emergency.
Section C. Traffic Control Devices
The State may install, maintain and remove any traffic control
devices it considers necessary to properly control the detoured
traffic. Roadway markings, such as the centerline, edge lines and
necessary messages, may be painted by the State.
Section D. Detour Maintenance
The State will provide any necessary bituminous patching and ordinary
maintenance on the roadway or shoulder of the City streets used for
the Trunk Highway No. 61 detour, at no cost or expense to the City.
Bituminous patching is defined as any work, including continuous
full -width overlays, less than 100 feet in length. All State
expenditures beyond those required for bituminous patching and
ordinary maintenance will be credited against the road life
reimbursement due the City.
Section E. Duration
The Trunk Highway No. 61 detour will begin on the date the State
designates same as a detour by the placement of signs thereon and
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95974
will cease when such signing is removed by the State. The State
shall provide the City with advance written notification identifying
the dates that the State intends to place and remove the detour
signing.
ARTICLE II - BASIS OF STATE
Section A. Gas Tax Method
The "Gas Tax Method" formula, as set forth in the Detour Management
Study Final Report dated January 1991, multiplies the Combined Tax
Factor per mile times the Average Daily Traffic count times the City
street length in miles times the duration of the detour in days to
determine the State's cost for the road life consumed by the detour.
Section B. Equivalent Overlay Method
The City has the option of doing an "Equivalent Overlay Method"
analysis, the procedure for which is set forth in the Detour
Management Study Final Report dated January 1991. A State - approved
firm, at no cost or expense to the State, must perform testing and
analysis.
The City shall keep records and accounts that enable it to verify any
claim that it might bring against the State for additional State
costs using the "Equivalent Overlay Method"
ARTICLE III - PAYMENT OF STATE COST
It is estimated that the State's cost for the road life consumed by
the Trunk Highway No. 61 detour is $703.25, based on a Combined Tax
Factor of 0.00392, an Average Daily Traffic count of 1300 vehicles
diverted from Trunk Highway No. 61, a City street length of
2.30 miles and an estimated detour duration of 60 days.
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95974
The State's total payment for the road life consumed by the Trunk
Highway No. 61 detour is equal to the amount computed by using the
"Gas Tax Method" formula plus any amount determined by using.the
"Equivalent overlay Method" analysis that is in excess of twice the
"Gas Tax Method" amount. However, the maximum obligation of the
State under this Agreement shall not exceed $4,000.00, unless the
maximum obligation is increased by execution of an amendment to this
Agreement.
The State shall pay to the City the State's total road life payment
amount after the following'conditions have been met:
A. Execution and approval of this Agreement and the State's
transmittal of it to the City.
B. Encumbrance by the State of the State's total road life payment
amount.
C. Removal of State signing in accordance with Article I, Section E.
of this Agreement.
D. Notification by the State to the City that the detour signing has
been removed, and the number of days the detour was in effect.
E. Receipt by the State of a written request from the City, signed
by the State District Engineer's duly authorized representative,
for the payment of the State's total road life payment amount.
ARTICLE IV - GENERAL PROVISI
Section A. Road Restoration
The City, by accepting the State's road life payment plan and total
payment amount, does hereby release the State of its obligation,
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95974
pursuant to Minnesota Statutes Section 161.25, to restore the City
streets used as a Trunk Highway No. 61 detour to as good a condition
as existed before the routing of the detour traffic thereon.
Section B. Termination of Agreement
Each party may terminate this Agreement, with or without cause, by
providing the other party with written or fax notice of effective
date of termination. The State is not obligated to pay for services
performed after notice and effective date of termination. Upon such
termination, the City is entitled to payment for services
satisfactorily performed under this Agreement prior to the effective
date of termination.
The State may immediately terminate this Agreement-if it does not
obtain funding from the Minnesota Legislature, or other funding
source; or if funding cannot be continued at a level sufficient to
allow for the payment of the services covered under this Agreement.
Termination must be by written or fax notice to the City. The State
is not obligated to pay for services performed after notice and
effective date of termination. Upon such termination, the City is
entitled to payment for services satisfactorily performed under this
Agreement prior to the effective date of termination, to the extent
the,funds are available.
Section C. Examination of Books, Records, Etc.
As provided by Minnesota Statutes Section 16C.05, subdivision 5, the
books, records, documents, and accounting procedures and practices of
each party relevant to this Agreement are subject to examination by
each party, and either the legislative auditor or the state auditor
as appropriate, for a minimum of six years from final payment.
Section D. Agreement Approval
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95974
Before this Agreement becomes binding and effective, it shall be
approved by a City Council resolution and executed by such State and
City officers as the law may provide in addition to the Commissioner
of Transportation or their authorized representative.
ARTICLE V - AUTHORIZED AGENTS
The State's Authorized Agent for the purpose of the administration of
this Agreement is Allan Espinoza, Mn /DOT Metropolitan District
Traffic Engineering, or his successor. His current address and phone
number are 1500 West County Road B2, Roseville, MN 55113, (651)
234 -7812.
City's
The CCotif±t`p° s Authorized Agent for the purpose of the administration
of this Agreement is Jennifer Levitt, City Engineer, or her
successor. Her current address and phone number are Cottage Grove
Public Works, 8635 W. Point Douglas Road, Cottage Grove, MN 55016,
(651) 458 -2890.
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95974
IN TESTIMONY WHEREOF the parties have executed this Agreement by their
authorized officers.
STATE ENCUMBRANCE VERIFICATION
individual certifies that funds have been encumbered
as required by Minn. Stat. H 16A.15 and 16C.05.
By
Date
MAPS Encumbrance No.
CITY OF COTTAGE GROVE
By
Mayor
Date
By
Title
Date
DEPARTMENT OF TRANSPORTATION
Approved:
By
District Engineer
Date
Approved as to form and execution:
M
Date
Contract Management
COMMISSIONER OF ADMINISTRATION
As delegated to Materials Management Division
By
Date
I