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7.1. SR 03-21-2011REQUEST FOR ACTION TO ITEM NUMBER Ci Council 7,1, AGENDA SECTION MEETING DATE PREPARED BY Public Woxks March 21, 2011 ustin Femrite, P.E. ITEM DESCRIPTION REVIEWED By TH 169 Bridge Closure and Associated Detour of Traffic on Local System REVIEWED BY ACTION REQUESTED Approval of the attached Resolution and Detour Agreement No. 98526 as presented by the Minnesota Department of Transportation (Mn/DOT) for work they will be completing in June of 2011. BACKGROUND/DISCUSSION Mn/DOT has a project scheduled to remove and replace the bridge railing and pour a new concrete overlay on the southbound TH 169 bridge that crosses over TH 10. To complete the proposed work, MnDOT will be restricting three turning movements at the intersection. The movements being restricted include southbound TH 169 to eastbound TH 10, westbound TH 10 to southbound TH 101, and eastbound TH 10 to northbound TH 169. The restricted movements and associated detours are shown on the attached figure. Upon being informed of the work MNDOT was planning, Police Chief Brad Rolfe, Mark Thompson, Lori Johnson, and I met to formulate a list of our concerns. Following this, I met with Mn/DOT on February 18, 2011 to express staffls concerns and request this work be completed while maintaining all movements on the State highway system. I expressed to Mn/DOT our concern that our local system would be inundated with traffic just trying to bypass the congestion on TH 169, even if all of the movements were maintained on the State system. Due to the constructability of the proposed work, it is not feasible to complete the project in phases and allow for the turning movements to remain on the State system. The project will require the closing of the southbound TH 169 bridge over TH 10 and shift the traffic to the northbound TH 169 bridge. This closure will result in one through lane of traffic in each direction on TH 169 at this location for the duration of the project. In addition, it will restrict the turning movements previously discussed and identified in the attached figure. With the understanding this project could not be phased, we requested at a minimum Mn/DOT include in their contract, the use of police officers to assist with traffic control through the area and duration of the project. In addition, we requested the work be scheduled to not interfere with holiday weekend traffic. Furthermore, we requested Mn/DOT add incentives for having the project completed in a shorter time frame. Mn/DOT has cooperated with these requests to the extent they are able. The work is planned to be completed between holiday weekends; weather delays can change the schedule of completion. Mn/DOT requests the Council pass the attached Resolution and Detour Agreement allowing for the use of the city streets identified to be used as the official detour routes. As detailed in the Detour Agreement, the State of Minnesota will reimburse the City of Elk River an estimated $965.34 for the use of these N:\Public Bodies\City Council\Council RCA\Agenda Packet\03-21-2011\TH 169 Detour RFA 3-21-11.doc routes. This amount is calculated in accordance with the Gas Tax Method from the "Detour Management Study" published in 1991. The actual final payment will be calculated based on traffic counts taken during the detour. In addition to the routes listed in the Detour Agreement, Mn/DOT has agreed to monitor the amount of traffic on Jackson Street during the project and determine if the increase in traffic levels meet the levels fox compensation. This route will not be part of the official detour but we expect an increase in traffic levels along this corridor as a result of the added congestion of the State system. With the assistance of Sherburne County, we will monitor the pre-detour and post-detour condition of our roadways. Any change in their condition will be corrected by Mn/DOT. Mn/DOT has not received bids for the project and can only estimate the start of work and duration of construction. They are expecting the work will be completed during the month of June, 2011. When a firm schedule is put together, Mn/DOT will be providing notice of the improvements with advanced signing and press releases consistent with their typical approach. City Staff will also work to notify citizens through postings on our website and through local news outlets. A firm schedule should be available around the end of April, 2011. FINANCIAL IMPACT The State of Minnesota will reimburse the City of Elk River approximately $965.34 for the use of these routes. This payment will be deposited into the Street Reserve fund. ATTACHMENTS ^ Traffic Detour Figure ^ March 1, 2011 Letter from Mn/DOT ^ Detour Agreement No. 98526 (for approval) ^ Resolution (for approval) Action Motion by Second by Vote Follow Up N:\Public Bodies\City Council\Counal RCA\Agenda Packet\03-21-2011\T'H 169 Detour RFA 3-21-1 l.doc ~o~~NNesorgyo Minnesota Department of Transportation ' ~ District 3 ~~~'aF taP~gao 7694 Industrial Park Road Baxter, MN 56425 March 1, 2011 Justin Femrite Elk River City Engineer 13065 Orono Parkway Elk River, MN 55330 Tel: 218-828-5700 Fax: 218-828-5814 Toli Free: 1-800-657-3971 Re: Official Detour Route S.P. 7106-79 (TH 169) Southbound Bridge Railing Replacement and Low-slump Concrete Overlay Located on TH 169 in Elk River over TH 10 Dear Mr. Femrite, A project is scheduled to remove and replace the bridge railings and pour a new low-slump concrete overlay on the southbound TH 169 bridge that crosses over TH 10 in Elk River. The project will occur during the 2011 construction season. To accomplish the proposed work, the eastbound TH 10 to northbound TH 169 traffic movement and the southbound TH 169 to eastbound TH 10 traffic movement will need to be detoured. I would like to notify you of the proposed official detour routes, route specific limitations, and to outline the associated compensation owed to the City of Elk River. We are planning to utilize portions of Main Street, and Twin Lakes Road as the official detour routes for the project. It is anticipated that the detour will need to be in place for approximately one month during the month of June. A map indicating the proposed official detour routes is .~itt~^.he~... The calculations that accompany this letter are estimates only. The developed method used to calculate detour compensation is The Gas Tax Method from the "Detour Management Study" of 1991. The formula to calculate detour compensation is as follows: Compensation = 0.00513 x Trunk Highway ADT x Length in miles x Duration in days The derived ADT values are from traffic turning movement counts taken in 2009 and the segment length is from Mn/DOT's Local Log point Listing database. The final amount of compensation will depend on the actual duration of the detour. An Equal Opportunity Employer ~.. is ~~~ ,~ __, COMPENSATION SUMMARY FOR THE CITY OF ELK RIVER ADT Miles Da s Detour Route _ Main Street 0.00513 x 3203 x 0.5 x 25 = $205.39 Twin Lakes Road 0.00513 x 3203 x 1.85 x 25 = $759.95 Total Agreement Amount = $965.34 A formal detour agreement will be forwarded to you once it is prepared. The agreement will specify maintenance responsibilities of all parties involved. Mn/DOT will maintain the official detour route as we have during previous contracts. Thank you for your cooperation. If you have any questions, please feel free to give me a call at (218) 828-5749. Sincerely, ~~ ti~ Darren Nelson District Soils Engineer Enclosures: Official Detour Map Cc: Calvin Puttbrese -Baxter Jim Labo - St. Cloud Maryanne Kelly-Sonnek - MS 682 ©o ar3ir +as -I- T H 10 ,~ I or31+r anoi3o -I- ~ 3 6g/ ~ ~ ~r`°~0,~~~ ~ O 0 6g/ ti ~ 3p yryQy r~ ~o~ ~ ~i3o T . 00 00 ~© ®69a ~ ~.`' °•°• ~ °~ ~i ~.' o \ Oyler f%' 1 -1 -1 -I ~ ~i.~ , , OO N ~IOi~i ~~ ~ ~~ ~~ ~ Q f ~ ~ tot ~~~ ~p ~ 'r ~ ~ °~ ~ //~ o ~ ~T ~•~ ~ ;~ TH 169 NI TH 101 0 ~. ~ .9.. y ~~-~ ,~`\ *~`° ° ` ~'~~ ,o . OO OO '' TH 10 D / ~% • 691 O p ~~ i ~~ -~~--. r o I b o _ :.. ASi 0/ OD . ,., „ Qti S6 TH/69 li, ~ ~ /4t . !S 10 Q ~ w o TWIN LAKES RD bb/Y3 C~ ~ .: d0 ~ ~ii~ T'/P tip ::,y~ SSE{ 77/ /Cl YLER ST NOTE~DETOUR SIGNING ~%/ ~~'~ ~ O STAGE 1 =~ ro Q STAGE 2 O '' N s0 STAGE 3A OETOUR SIGNI F/ E NIYElttifsftft#ifitF/f EN4llEtttttttfiftitif tfitQAl~it! CERTlF IED BT uc, wo. 11875 STATE PROD. N0. 7106-79 (T.H.169 ) SHEET N0. 26 OF 40 SHEETS L ry Mn/DOT Contract No: 98526 STATE OF MINNESOTA DEPARTMENT OF TRANSPORATION And CITY OF ELK RIVER DETOUR AGREEMENT For Trunk Highway No. 169 Detour State Project Number (SP): Trunk Highway Number (TH): State Project Number (SP): Federal Project Number: 7106-79 169 = 018 7106-79 State Funds Only Original Amount Encumbered $965.34 This agreement is between the State of Minnesota, acting through its Commissioner of Transportation ("State") and the City of Elk River acting through its City Council ("City"). Recitals 1. The State is about to perform construction upon, along and adjacent to T.H. 169 on Bridge No. 71001 over TH 10 in Elk River under State Project No. 7106-79 (T.H. 169 = 018); and 2. The State requires a detour to carry T.H. 169 traffic on Main Street and Twin Lakes Road during the construction; and 3. The State is willing to reimburse the City for the road life consumed by the detour as hereinafter set forth; and 4. Minnesota Statutes § 471.59, subdivision 10, § 161.25, and § 161.20, subdivision 2(b), authorize the parties to enter into this Agreement. Agreement 1. Term of Agreement 1.1 Effective date. This Agreement will be effective on the date the State obtains all signatures required by Minnesota Statutes § 16C.05, subdivision 2. 1.2 Expiration date. This Agreement will expire when the State removes all detour signs, returns the temporary trunk highway detour to the City, and pays for the detour compensation. 2. Agreement between the Parties 2.1 Detour A. Location. The State will establish the T.H. 169 detour route on the following City road(s) as detailed in the project plans or Special Provisions: Main Street and Twin Lakes Road for a total distance of 2.35 miles. B. Axle Loads and Over Dimension Loads. The City will permit 10-ton axle loads on the detour route. Over- dimension loads will not be permitted except in cases of extreme emergency. C. Traffic ControiDevices. The State may install, maintain and remove any traffic control devices it considers necessary to properly control the detoured traffic. The State may paint roadway markings, such as the centerline, edge lines and necessary messages. D. Detour Maintenance. The State will perform any necessary bituminous patching and ordinary maintenance on the roadway or shoulder of the City roads used for the 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 -1- Detour Agreement without Local Maintenance (Municipal Agreements 11/23/10) Mn/DOT Contract No: 98526 length. All State expenditures beyond those required for bituminous patching and ordinary maintenance will be credited against the road life consumed reimbursement due the City. E. Duration. The State will provide the City with advance notice identifying the dates the State intends to place and remove the detour signing. 2.2 Basis of State Cost (Road Life Consumed). The State will reimburse the City for the road life consumed by the detour using the following methods, as set forth in the Detour Management Study Final Report dated January 1991, and updated by Technical Memorandum TM10-09-TS-03. A. The "Gas Tax Method" formula, multiplies the Combined Tax Factor per mile times the Average Daily Traffic ("ADT") count of vehicles diverted from the Trunk Highway times the City street/County road 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. B. The City may, at its option, perform an "Equivalent Overlay Method" analysis. AState-approved firm, at no cost or expense to the State, must perform the testing and analysis. The City will keep records and accounts to verify any claim it might bring against the State for additional costs using the "Equivalent Overlay Method." 3. Payment 3.1 For Road Life Consumed. $965.34 is the State's estimated cost for the road life consumed by the detour based on the data below: Tax Factor ADT Road Length Duration (Days) Cost Main Street 0.00513 3,203 0.5 25 $205.39 Twin Lakes Road 0.00513 3,203 1.85 25 $759.95 Total Road Life Consumed $965.34 The State's total payment for the road life consumed by the 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. 3.2 Maximum Obligation. $5,000.00 is the maximum obligation of the State under this Agreement and must not be exceeded unless the maximum obligation is increased by execution of an amendment to this Agreement. 3.3 Conditions of Payment. The State will pay the City the State's total road life consumed payment amount .after performing the following conditions. A. Execution of this Agreement and the City's receipt of the executed Agreement. B. State's encumbrance of the State's total payment amount. C. State's removal of all detour signs. D. State notifies the City of the removal of the detour signs, and the number of days the detour was in effect. E. State's receipt of a written request from the City, signed by the State District Engineer's authorized representative, for payment. 4. Release of Road Restoration Obligations By accepting the State's road life consumed payment plan and total payment amount, the City releases the State of its obligation, under Minnesota Statutes § 161.25, to restore the City roads used as a T.H. 169 detour to as good condition as they were before designation as temporary trunk highways. -2- Detour Agreement without Local Maintenance (Municipal Ageements 11/23/10) Mn/DOT Contract No: 98526 5. Authorized Representatives Each party's Authorized Representative is responsible for administering this Agreement and is authorized to give and receive any notice or demand required or permitted by this Agreement. 5.1 The State's Authorized Representative will be: Name/Title: Darren Nelson, District 3 Soils Engineer (or successor) Address: 7694 Industrial Park Road, Baxter, MN 56425 Telephone: 218-828-5749 Fax: 218-828-5714 E-Mail: Darren.Nelson@state.mn.us 5.2 The City's Authorized Representative will be: Name/Title: Justin Femrite, City of Elk River Engineer (or successor) Address: 13065 Orono Parkway, Ells River, MN 55330 Telephone: 763-635-1051 Fax: E-Mail: 6. Assignment; Amendments; Waiver; Contract Complete 6.1 Assignment. Neither party may assign or transfer any rights or obligations under this Agreement without the prior consent of the other party and a written assignment agreement, executed and approved by the same parties who executed and approved this Agreement, or their successors in office. 6.2 Amendments Any amendment to this Agreement must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original Agreement, or their successors in office. 6.3 Waiver. If a party fails to enforce any provision of this Agreement, that failure does not waive the provision or the party's right to subsequently enforce it. 6.4 Contract Complete. This Agreement contains all prior negotiations and agreements between the State and the City. No other understanding regarding this Agreement, whether written or oral, may be used to bind either party. 7. Liability The City and State will be responsible for their own acts and omissions, to the extent authorized by law. Minnesota Statutes § 3.736 governs the State's liability. Minnesota Statutes, Chapter 466 governs the liability of the City. 8. State Audits Under Minnesota Statutes § 16C.05, subdivision 5, the City's books, records, documents, and accounting procedures and practices relevant to this Agreement are subject to examination by the State and the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this Agreement. 9. Government Data Practices The City and State must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by the State under this Agreement, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the City under this Agreement. The civil remedies of Minnesota Statutes § 13.08 apply to the release of the data referred to in this clause by either the City or the State. 10. Governing Law; Jurisdiction; Venue Minnesota law governs the validity, interpretation and enforcement of this Agreement. Venue for all legal proceedings arising out of this agreement, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. -3- Detour Agreement without Local Maintenance (Municipal Agreements 11/23/10) Mn/DOT Contract No: 98526 11. Termination 11.1 By Mutual Agreement. This Agreement may be terminated by mutual agreement of the parties or by the State for insufficient funding as described below 11.2 Termination for Insufficient Funding. 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 here. Termination must be by written or fax notice to the City. The State is not obligated to pay for any services that are provided after notice and effective date of termination. However, the City will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed to the extent that funds are available. The State will not be assessed any penalty if this Agreement is terminated because of the decision of the Minnesota Legislature, or other funding source, not to appropriate funds. 12. Force Majeure Neither party will be responsible to the other for a failure to perform under this Agreement (or a delay in performance), if such failure or delay is due to a force majeure event. A force majeure event is an event beyond a party's reasonable control, including but not limited to, unusually severe weather, fire, floods, other acts of God, labor disputes, acts of war or terrorism, or public health emergencies. [The remainder of this page has been intentionally left blank] -4- Detour A~eement without Local Maintenance (Municipal Agreements 11/23/10) i Mn/DOT Contract No: 98526 STATE ENCUMBRANCE VERIFICATION Individual certifies that funds have been encumbered as required by Minnesota Statutes § 16A.15 and § 16C.05. Signed:. DEPARTMENT OF TRANSPORTATION Approved: By: (District Engineer) Date: MAPS Encumbrance No. CITY OF ELK RIVER The undersigned certify that they have lawfully executed this contract on behalf of the Governmental Unit as required by applicable charter provisions, resolutions or ordinances. Date: COMMISSIONER OF ADMINISTRATION By: (With delegated authority) By: Title: Date: By: Title: Date: Date: INCLUDE COPY OF RESOLUTION APPROVING THE AGREEMENT AND AUTHORIZING ITS EXECUTION. -5- Detour Agreement without Local Maintenance (Municipal Agreements 1(/23/10) CITY OF ELK RIVER RESOLUTION IT IS RESOLVED that the City of Elk River enter into Mn/DOT Agreement No. 98526 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 Main Street and Twin Lakes Road to be used as a detour route during the contract construction to be performed upon, along and adjacent to Trunk Highway No. 169 on Bridge No. 71001 over T.H. 10 in Elk River under State Project No. 7106-79 (T.H. 169 = 018). IT IS FURTHER RESOLVED that the (Title) amendments to the Agreement. (Title) and the are authorized to execute the Agreement and any CERTIFICATION I certify that the above Resolution is an accurate copy of the Resolution adopted by the Council of the City of Elk River at an authorized meeting held on the day of 2011, as shown by the minutes of the meeting in my possession. Subscribed and sworn to before me this day of , 2011 Notary Public My Commission Expires ,~~, ~~ ~~~ ~. ~ , (Signature) (Type or Print Name) (Title)