01-1218Presented By
Referred To
�' �t �
C��
Committee: Date
�a
j WI�REAS, the State is p]anning to perform grading, concrete surfacing, bridge removal, drainage, lighting, si�ing, signal and
2 bridge construction and other associated consuvcfion upon, along and adjacent to a portion of Trunk Highway 35E in accordance
3 with State plans, specifications and/or special provisions designated as State Project numbers 1982-129, 6280-307 and 19-090-05;
4 and
� WIIEREAS, Minnesota Statute Secfion 161.20 subdivision 2 authorizes the Commissioner of Transportauon to make arrangements
6 with and cooperate with any governmental authority for the purpose of construcring, maintaining and 'unproving the trunk highway
7 system; and
S
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10
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13
14
15
1&
17
18
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2�
21
22
23
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25
WFIEREAS, a detout will be required to carry Tmnk Highway No. 35E traff'ic during the construction project period, and
WHEREAS, Minnesota Statute Section 161.25 authorizes the Commissioner of Transpor[ation to designate by order, any public
street or highway as a temporary trunk highway detour when he deternvnes that such detour is necessary for the putpose of
conshvcling or maintaining any trunk highway, and he shall thereafter maintain the detour as a temporary hvnk highway until he
revokes the designation; and
WHEREAS, the following streets within the Samt Paul ciry limits will be uYilized for this detour route arid be designated as
temporary trunk highways: Shepard Road from T.H. No. 35E northeasterly 0.9 miles to Otto Avenue, and on Otto Avenue from
Shepazd Road westerly 0.4 miles ro T.H. 5, and
WHEREAS, the State is willing to reimburse the City of Saint Paul Public Works Street Maintenance in the amount of $9,54736
for the road life consumed by che detour; and
T'HEREFORE BE 1T MUTUALLY AGI2EED that the Ciry and State enter into Agreement No. 82169 with all its terms and
wnditions
Requested by Department of:
Public Works
By:
Thomas Eggum, rect r
Form Approved by City Attorney
Adoption Certified by Council Secretary
Council File # G \ �� �.�
Green Sheet # 11 Q473
NESOTA
r� / /� �/�,
By : � � / �L' � t tY��J"{
B S" —�l�� �-�_-� Approved by Mayor for Submission to Council
Approved by P?a�or: �7ate �+� a�L+�(T/
,r
�L���� BY
BY: �/��/��,�(yE[/l`/
�
Adopted by Council: Date '��,��V '�ce�
c
OEPARTMENf/OFFICE/CqUNqI EFTF IAYfIPSED N� 110473 Q� +` �
r„bli� w�� o�con� is, woi GREEN SHEET
IN UDATE INRIAVDATE
CONTAGTPERSON&PFiDNE �D � q - :��€ —"'-b.– �CT'CRUNCIL
GazyErichson 2�-6229 �� NUMB RFOfl 4 CRY0.TfORNEY ❑CiTYCIEHK
5T BE ON GOUNCII AGENDA BY (DATE) pp(m�
OBDER 03 gUOGEf DIqECTOR FIN. & M6L SERVICES DIR
October31,2i101 �MAYOR(ORASS151'ANiJ ❑
OTALiOF51GNATUflEPAGES __2_ (CUPALLLOCAiIONSWR5IGNANR� uAS50CIATE u�EPT.ACCOUMAM
CTION flEQUESSED
ouncil approval for Detour Agreement No. 82169 between the Ciry of Saint Paul and the State of Minnesota Department of
cansportation for the use of 13 miles of city stceets as a detour during Trunk Highway 35E consffuction project
RECAMMENDAT10N5 Approve (A) or Rejec4 (R) PERSONAL SERVICE COMRACTS MUST ANSWER THE FOLLOWING �UESTIONS:
PLANNINGCOMMISSION CWILSERVICECOMMISSION 7, ���sperso�rtneverworkedunderacrontrac[forthisdepartment?
YES NO
CIBCOMMITfEE _ 2 ���
persoNfirtn ever been a city employee?
_�� _ YES NO
3. Does ihis personMrtn possess a skill not nortnally possessed by any curtent ciry employee?
OISTRICTCOUNCIL _ YES NO
SUPPORTS WHICM COUNGL O&lECT1VE? Explain all yes answers on separate sheet and aHach to green sheet
INRIA7ING PROBLEM, ISSUE. OPPORiUNIN (WHO, WHA7, WHEN, WHERE, WHY):
The State will be doing construction upon, along and adjacent to Ttunk Highway No. 35E. This project will requite the use of
1.3 miles of streets within the city limits of Saint Paul as a detour route.
Streets to be utilized and designated as temporary trunk highways: Shepazd Road frora T.H. No. 35E northeasterly 0.9 miles to Otto
Avenue, and on Otto Avenue from Shepazd Road westerly 0.4 miles to T.H. 5. The State will reimburse the Ciry of Saint Paul in the
amonnt of $9,54736 for the road ]ife consumed by the detour during the contract construction period (approximately 300 days).
ADVANTAGESIFAPPROVED: �
Tlus agreement enables the State of Minnesota DeQartment of Transportation to complete its construction project for a portion of Trunk
Highway 35E as planned. Compliance with Minnesota State Statute 161.25 authorizing the Commissioner of TransportaGon to make
arrangements with and cooperate with any governmental authority for the pmpose of consiructing, maintaining and improving the hvnk
highway system.
S l���� Y ��
DISADVANTAGESIFAPPROVE�: DCT (, J �OOP
None � g � { � p � ° � - � - pg �� �/
V� A� d"'1 t 1 ORlvl� I
DISADVANTAGESIFNOTAPPROVED:
The Ciry of Saint Paul would not be in compliance with Minnesota State Stamte 161.25.
�ouncil Research Center
OCT � 0 200�
TOTAL AMOUNT OF TRANSAC710N $ $9,547.3G COSTIREYENUE BUDGETED (CIRCLE ONE) � S No
FUNDING SOURCE Sta[e of Minnesota Department of TranSpOrtR[ion qCfTVITY NUM9ER Z25-42310-3450
FINANCIALLNFOR4AATIpN:(EXPLAIN)
GISJk
�
��
S�l■
�
. ' /
' PRE-LETTING
SERVICES
SECTION
STATE OF NIIDiNESOTA
DEPARTMENT OF TRANSPORTATION
DETOUR AGREEMENT
rir�lnoz
AGREEMENT NO.
82169
The State of Minnesota
Department of Transportation, and
The City of St. Paul
Re: Compensation for road life
consumed by the T.A. 35E detour
ORIGINAL
AMOi3NT ENCUM
59,547.36
AMOUNT RECEIVABLE
on
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 St. Paul, Minnesota, acting by and
through its City Council, hereinafter referred to as the "City".
O, �� �`�
S.P. 1982-129 (T.H. 35E=390)
S.P. 6280-307 (T.H. 35E=390?
S.P. 19-090-05
State Funds
FI
fl , _ �,.�r
�
WHEREAS the State is about to perform grading, concrete surfacing,
r brid e removal draina e, li htin si nin si nal and brid e
9 � 5 g 5, 9 5, 9 J
construction and other associated construction upon, along and
adjacent to Trunk Highway No. 35E from Engineer Station 7+530 to
Engineer Station 8+921 in accordance with State plans, specifications
andJor special provisions designated as State Project's No. 1982-129,
No. 6280-307 (T.H. 35E=390} and S.P. 19-090-05; and
wHEREAS a detour will be required to carry Trunk Highway No. 35E
traffic on Shepard Road and Otto Avenue 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 he determines that such
detour is necessary for the purpose of constructing or maintaining
any trunk highway, and he shall thereafter maintain the detour as a
temporary trunk highway until he revokes the designation; 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
WF3EREAS 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.
2
o�-���ir
82169
IT IS, THEREFORE, MUTIIALLY AGRSED AS FOLLOWS:
I�RTICLE I - DETOT3R
Section A. Location
Those portions of the Trunk Highway No. 35E detour which utilize City
streets are on Shepard Road from Trunk Highway No. 35E northeasterly
£or 0.9 miles to Otto Avenue, and on Otto Avenue from Shepard Road
westerly for 0.4 miles to Trunk Highway iVo. 5.
Section S. Axle Loads and Over-Dimension Loads
The City sha11 permit 9-ton axle loads on that portion of the Trunk
Highway No. 35E detour which 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 center line, edge lines and
necessary messages, may be painted by the State.
Seetion 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. 35E 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.
3
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82169
Section E. Duration
The Trunk Highway No. 35E detour will begin on the date the State
designates same as a detour by the placement of signs thereon and
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 COST
Section A. Gas Tax Method
The "Gas Tax Method" formula, as set forth in the Detour Management
Study Final Report dated 3anuary 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. Ec;uivalent Overlay Method
The City has the option of doing an "Equivalent Overlay Method"
analysis, the procedure far which is set forth in the Detour
Management Study Final Repoxt dated January 1991. Testing and
analysis must be performed by a State-approved £irm, at no cost or
expense to the State.
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 5TATE COST
It is estimated that the State's cost for the road life consumed by
the Trunk Highway No. 35E detour is $9,547.36, based on a Combined
Tax Factor of 0.00392, an Average Daily Traffic count of
6245 vehicles diverted from Trunk Aighway No. 35E, a City street
length of 1.3 miles and an estimated detour duration of 300 days.
0
V � �,�` �
82169
The State's total payment for the road life consumed by the Trunk
_ Aighway No. 35E 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 which is in excess of twice the
"Gas Tax Method" amount. However, the maximum obligation o£ the
State under this Agreement shall not exceed $20,000.00, 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 same 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's District Engineer at Roseville or his duly
authorized representative, for the payment of the State's total
road life payment amount.
ARTICLE IV - GENERAL PROVISI4N5
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,
pursuant to Minnesota Statutes Section 161.25, to restore the City
�
o s •���t
82169
streets used as a Trunk Highway No. 35E detour to as good a condition
' as existed before the routing of the detour traffic thereon.
SPCtion B Examination o£ Books Records �stc
As provided by Minnesota Statutes Section 16C.05, subdivision 5, the
books, records, documents, and accounting procedures and practices of
the State and the City relevant to this Agreement are subject to
examination by the State and the City, and either the legislative
auditor or the state auditor as appropriate, for a minimum of six
years from final payment.
Section C Agzeement A��roval
Before this Agreement shall become binding and effective, it shall be
approved by a City Council resolution and receive approval of State
and City of£icers as the law may provide in addition to the
Commissioner of Transportation or his authorized representative.
ARTICLE V - AUTHORIZED AGENTS
The State's Authorized Agent for the purpose of the administration of
this Agreement is Maryanne Kelly-Sonnek, Municipal Agreements
Engineer, or her successor. Her current address and phone number are
395 3ohn Ireland Boulevard, Mailstop 662, St. Paul, Minnesota 55155,
(651) 296-0969.
The City's Authorized Agent for the purpose of the administration of
this Agreement is Thomas Eggum, City Engineer and Public Works
Director, or his successor. Ais current address and phone number are
1000 City Ha11 Annex, 25 West 4`" Street, St. Paul, Minnesota 55102,
(651) 266-8989.
3
. � . , -
Presented By
Referred To
2
3
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5
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7
8
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14
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Council Fi1e # � \ ��'�.�'
Green Sheet # 110473
NNESOTA
aa
kequested by Departmen[. of:
Public Works
By:
Thomas Eggum, ect r
Adopted by Council: Date ��,,, a_y_T o� Form Approved by City Attorney
' �,!,
Adoption Certified by Council Secretary BY: �� �,y? ���
(� d•
B �" -�1�, �\ � 1 � - �oved by Mayor £or Submission to Council
Approved by P?a3+or: �ate �Y Z ( 7^�(�/
�_—
By: \�/�s//�. f//'//'2�G��� /
Committee: Date
WHEREAS, the State is planning to perform gading, co�crete suifacing, bridge removal, drainage, lighting, signing, signal and
bridge construction and other associated construction upon, along and adjacent to a portion of Trunk Highway 35E in accordance
with State plans, specifications and/or special provisions desia ated as State Project numbers 1982-129, 6280-307 and 19-090-05;
and
WHEREAS, Minnesota Statute 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; and
WHEREAS, a detour will be required to carry Trunk Highway No. 35E traffic during the construction project period, and
WHEREAS, Mi�nesota Statute Section 161.25 authorizes the Commissioner of Transportation to desi�nate by order, any public
street or highway as a temporary trunk highway detour when he deternunes tha[ sach detour is necessary for the purpose of
constructing or maintaining any trunk highway, and he shall thereafter maintain the detour as a temporary trunk highway until he
revokes the designation; and
WHEREAS, the following streets within the Saint Paul city limits will be utilized for this detour route and be designated as
temporary trunk highways: Shepud Road from T.H. No. 35E northeasterly 0.9 miles to Otto Avenue, and on Otto Avenue from
Shepard Road westerly 0.4 miles ro T.H. 5, and
WHEREAS, the State is willing to reunbuzse the City of Saint Paul Public Works Street Maintenance in the amount of $9,54736
for the road life consumed by the detour; and
TfIEREFORE BE 1T MUTUALLY AGREED that the Ciry and State enter into Agreement No. 82169 with all iu terms and
conditions
By:
DEPARTMENr/OFPICFJCOUNQL EATE I�YfIPSED 110473 �� ` �
Pnblic Wa�ks October 15 200� GREEN SHEET No.
INI AVDATE INIf1AUDATE
CONfACT PEFiSON & PHONE �. .t.GI, � q
G Ericivson 26(r6229 .(�j � }�� t"r" ❑6 cmrcouNC��
MUSTBEONCOUNCILAGENDABY(�AT� p O�NG PoR '��CmA�O�� ❑CRYCLEPK
ORDEfi ' BUDGEf DIqECTOR ❑ FIN. & MGT. SEflVICES DIR
October 31, 2001 � MAVOF (OR A$$ISTAPfi) ❑
OTALtOF51GNATUREPAGES '� (CLIPALLLOCATOtiSFORSIGNqTUfl� uASSOCIA7E uDEPT.ACCOUMANf O�
CIION flEQUE5iED
ouncil approval for Detour A�reement No. 82169 between the City of Saint Paul and the State of Minnesota Department of
ransportarion for the use of 1.3 miles of ciry sh�eets as a detour during Trunk Highway 35E construction projecL
flECOMMENDAiIONS: Approve (A) ar Fejat (R) pEHSONAL SEHYICE CONTRACTS MUST ANSWER THE FOLLOWING dUES770NS:
PLANNMGCAMMISSION CMLSERVICECOMMISSION 7. HasthispersoNfirtneverworkedunderacontrec[forthisdepartment?
YES NO
_asCOnnMmEE _ 2. HasthispersoNfirtnever6eenac em I �
�Y PoYee
_�� _ YES NO
3. Does ihis persoNfirtn possess a skill not nortnally possessetl by any curtent ciry employee?
DISTHICTCqUNCIL _ YES NO
SUPPORTS WHICH COUNCIL OBJECfIVE? Explain all yes answers on separate sheet arW attach W green sheet
INITIATING PROBLEM, ISSUE, OPPOFTUNITY (WHO, WHAT, WHEN, WHERE, WH1��
The State will be doing construction upon, along and adjacent to Trunk Highway No. 35E. This project will require the use of
13 miles of streets within the city limiu of Saint Paul as a detow route.
Streets to be utilized and designated as temporary trvnk highways: Shepard Road from T.H. No. 35E northeasterly 0.9 miles to Otto
Avenue, and on Otto Avenue from Shepard Road westerly O,A miles to T.H. 5. Tfie State will reimburse the City of Saint Paul in the
amount of $9,54736 for the road life consumed by the detour during the contract construcuon period (approximately 300 days).
ADVANTAGES If APPflOVED. �
This agreement enables the State of Minnesota Department of Transportation to complete its construction project for a portion of Tmnk
Highway 35E as planned. Compliance with Minnesota State Statute 161.25 authorizing the Commissioner of Transportaflon to make
arrangemenu with and cooperate with any governmental authority for the purpose of constructing, maintaining and improving the hunk
highway system.
1 1���� M ��
DISADVANTAGESIFAPPROVED: OCT (,� J LOOI
None
C1TY ATTOR(UEY
DISADVANTAGES IF NOT APPROVED:
The City of Saint Paul would not be in compliance with Minnesota State Statute 16125.
�ouncil Research Center
OCT � 0 p001
TO7ALAMOUNTOFTRANSACTION$ $9 ,547.36 CO57/REVENUEBUDGETED(CIRCLEONE) S No
FUNDING SOURCE S�� of Minneso[a Deparlmen[ of Transporta[ion pCIN1TY NUMBER 225-42310-3450
FfNANC1AL INFORMATION: (EXPLAIN)
Gtxn,
o � -� aar
PRE-LETTING
SERVICES
SECTION
STATE OF MINNESOTA
DEPARTMENT OF TRANSPORTATION
DETOUR AGREEMENT
Mn/DOT
AGREEMENT NO.
82169
S.P. 1982-129 (T.H. 35E=390)
S.P. 6280-307 (T.H. 35E=390)
S.P. 19-090-05
State Funds
The State of Minnesota
Department of Transportation, and
The City of St. Paul
Re: Compensation for road life
consumed by the T.H. 35E detour
�iT i�efii�� ��
AMOUNT ENCUMBERED
59.547.36
AMOUNT RECEIVABLE
(None)
THIS AGREEMENT is made and entered into by and between the State
Minnesota, Department of Transportation, hereinafter referred to
the ��State" and the City of St. Paul, Minnesota, acting by and
through its City Council, hereinafter referred to as the "City".
of
as
1
o,_�s�r
82169
WHEREAS the State is about to perform grading, concrete surfacing,
` bridge removal, drainage, lighting, signing, signal and bridge
construction and other associated construction upon, along and
adjacent to Trunk Highway No. 35E from Engineer Station 7+530 to
Engineer Station 8+921 in accordance with State plans, specifications
and/or special provisions designated as State Project's No. 1982-129,
No. 6280-307 (T.H. 35E=390) and S.P. 19-090-05; and
WHEREAS a detour will be required to carry Trunk Highway No. 35E
traffic on Shepard Road and Otto Avenue 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 he determines that such
detour is necessary for the purpose of constructing or maintaining
any trunk highway, and he shall thereafter maintain the detour as a
temporary trunk highway until he revokes the designation; 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
£orth in the Detour Management Study Final Report dated January 1991;
and
WAEREAS 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.
2
o�-�a�ir
�=f7
IT 25, THEREFORE, MUTUALLY AGREED AS FOLLOWS:
ARTICLE _ - DETOUR
Section A. Location
Those portions of the Trunk Highway No. 35E detour which utilize City
streets are on Shepard Road from Trunk Highway No. 35E northeasterly
for 0.9 miles to Otto Avenue, and on Otto Avenue from Shepard Road
westerly for 0.4 miles to Trunk Highway No. 5.
S�ction B. Axle Loads and Over-Dimension Loads
The City shall permit 9-ton axle loads on that portion of the Trunk
Highway No. 35E detour which is on City streets. Over-dimension
loads will not be permitted except in cases of extreme emergency.
Seetion 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 center line, edge lines and
necessary messages, may be painted by the State.
�etion 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. 35E 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.
3
9 � • �
82169
Section E. Duration
The Trunk Highway No. 35E detour will begin on the date the State
designates same as a detour by the placement of signs thereon and
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 2I - BASIS OF STATE COST
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, tize procedure for which is set forth in the Detour
Management Study Final Report dated January 1991. Testing and
analysis must be performed by a State-approved firm, at no cost or
expense to the State.
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 I2I - PAYMENT OF STATE COST
It is estimated that the State's cost for the road life consumed by
the Trunk Highway No. 35E detour is $9,547.36, based on a Combined
Tax Factor of 0.00392, an Average Daily Traffic count of
6245 vehicles diverted from Trunk Highway No. 35E, a City street
length of 1.3 miles and an estimated detour duration of 300 days.
0
0 � —tia.�P
82169
The State's total payment for the road life consumed by the Trunk
Highway No. 35E 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 which is in excess of twice the
"Gas Tax Method" amount. Aowever, the maximum obligation of the
State under this Agreement shall not exceed $20,000.00, 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 same 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 Sta�e 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's District Engineer at Roseville or his duly
authorized representative, for the payment of the State's total
road life payment amount.
ARTICLFs IV - GPtNERAL PROVISTONS
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,
pursuant to Minnesota Statutes Section 161.25, to restore the City
5
o � -�a�
82169
streets used as a Trunk Highway No. 35E detour to as good a condition
' as existed before the routing of the detour traffic thereon.
Section B Examination o£ Books. Records, Etc.
As provided by Minnesota Statutes Section 16C.05, subdivision 5, the
books, records, documents, and accounting procedures and practices of
the State and the City relevant to this Agreement are subject to
examination by the State and the City, and either the legislative
auditor or the state auditor as appropriate, for a minimum of six
years from final payment.
Section C A_greement Ar�oroval
Before this Agreement shall become binding and effective, it shall be
approved by a City Council resolution and receive approval of State
and City officers as the law may provide in addition to the
Commissioner of Transportation or his authorized representative.
ARTICLE V - AUTHORIZED AGENTS
The State's Authorized Agent for the purpose of the administration of
this Agreement is Maryanne Kelly-Sonnek, Municipal Agreements
Engineer, or her successor. Her current address and phone number are
395 John Ireland Boulevard, Mailstop 682, St. Paul, Minnesota 55155,
(651) 296-0969.
The City's Authorized Agent for the purpose of the administration of
this Agreement is Thomas Eggum, City Engineer and Public Works
Director, or his successor. His current address and phone number are
1000 City Hall Annex, 25 West 4 Street, St. Paul, Minnesota 55102,
(651) 266-8989.
0
Presented By
Referred To
�' �t �
C��
Committee: Date
�a
j WI�REAS, the State is p]anning to perform grading, concrete surfacing, bridge removal, drainage, lighting, si�ing, signal and
2 bridge construction and other associated consuvcfion upon, along and adjacent to a portion of Trunk Highway 35E in accordance
3 with State plans, specifications and/or special provisions designated as State Project numbers 1982-129, 6280-307 and 19-090-05;
4 and
� WIIEREAS, Minnesota Statute Secfion 161.20 subdivision 2 authorizes the Commissioner of Transportauon to make arrangements
6 with and cooperate with any governmental authority for the purpose of construcring, maintaining and 'unproving the trunk highway
7 system; and
S
9
10
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12
13
14
15
1&
17
18
19
2�
21
22
23
z4
25
WFIEREAS, a detout will be required to carry Tmnk Highway No. 35E traff'ic during the construction project period, and
WHEREAS, Minnesota Statute Section 161.25 authorizes the Commissioner of Transpor[ation to designate by order, any public
street or highway as a temporary trunk highway detour when he deternvnes that such detour is necessary for the putpose of
conshvcling or maintaining any trunk highway, and he shall thereafter maintain the detour as a temporary hvnk highway until he
revokes the designation; and
WHEREAS, the following streets within the Samt Paul ciry limits will be uYilized for this detour route arid be designated as
temporary trunk highways: Shepard Road from T.H. No. 35E northeasterly 0.9 miles to Otto Avenue, and on Otto Avenue from
Shepazd Road westerly 0.4 miles ro T.H. 5, and
WHEREAS, the State is willing to reimburse the City of Saint Paul Public Works Street Maintenance in the amount of $9,54736
for the road life consumed by che detour; and
T'HEREFORE BE 1T MUTUALLY AGI2EED that the Ciry and State enter into Agreement No. 82169 with all its terms and
wnditions
Requested by Department of:
Public Works
By:
Thomas Eggum, rect r
Form Approved by City Attorney
Adoption Certified by Council Secretary
Council File # G \ �� �.�
Green Sheet # 11 Q473
NESOTA
r� / /� �/�,
By : � � / �L' � t tY��J"{
B S" —�l�� �-�_-� Approved by Mayor for Submission to Council
Approved by P?a�or: �7ate �+� a�L+�(T/
,r
�L���� BY
BY: �/��/��,�(yE[/l`/
�
Adopted by Council: Date '��,��V '�ce�
c
OEPARTMENf/OFFICE/CqUNqI EFTF IAYfIPSED N� 110473 Q� +` �
r„bli� w�� o�con� is, woi GREEN SHEET
IN UDATE INRIAVDATE
CONTAGTPERSON&PFiDNE �D � q - :��€ —"'-b.– �CT'CRUNCIL
GazyErichson 2�-6229 �� NUMB RFOfl 4 CRY0.TfORNEY ❑CiTYCIEHK
5T BE ON GOUNCII AGENDA BY (DATE) pp(m�
OBDER 03 gUOGEf DIqECTOR FIN. & M6L SERVICES DIR
October31,2i101 �MAYOR(ORASS151'ANiJ ❑
OTALiOF51GNATUflEPAGES __2_ (CUPALLLOCAiIONSWR5IGNANR� uAS50CIATE u�EPT.ACCOUMAM
CTION flEQUESSED
ouncil approval for Detour Agreement No. 82169 between the Ciry of Saint Paul and the State of Minnesota Department of
cansportation for the use of 13 miles of city stceets as a detour during Trunk Highway 35E consffuction project
RECAMMENDAT10N5 Approve (A) or Rejec4 (R) PERSONAL SERVICE COMRACTS MUST ANSWER THE FOLLOWING �UESTIONS:
PLANNINGCOMMISSION CWILSERVICECOMMISSION 7, ���sperso�rtneverworkedunderacrontrac[forthisdepartment?
YES NO
CIBCOMMITfEE _ 2 ���
persoNfirtn ever been a city employee?
_�� _ YES NO
3. Does ihis personMrtn possess a skill not nortnally possessed by any curtent ciry employee?
OISTRICTCOUNCIL _ YES NO
SUPPORTS WHICM COUNGL O&lECT1VE? Explain all yes answers on separate sheet and aHach to green sheet
INRIA7ING PROBLEM, ISSUE. OPPORiUNIN (WHO, WHA7, WHEN, WHERE, WHY):
The State will be doing construction upon, along and adjacent to Ttunk Highway No. 35E. This project will requite the use of
1.3 miles of streets within the city limits of Saint Paul as a detour route.
Streets to be utilized and designated as temporary trunk highways: Shepazd Road frora T.H. No. 35E northeasterly 0.9 miles to Otto
Avenue, and on Otto Avenue from Shepazd Road westerly 0.4 miles to T.H. 5. The State will reimburse the Ciry of Saint Paul in the
amonnt of $9,54736 for the road ]ife consumed by the detour during the contract construction period (approximately 300 days).
ADVANTAGESIFAPPROVED: �
Tlus agreement enables the State of Minnesota DeQartment of Transportation to complete its construction project for a portion of Trunk
Highway 35E as planned. Compliance with Minnesota State Statute 161.25 authorizing the Commissioner of TransportaGon to make
arrangements with and cooperate with any governmental authority for the pmpose of consiructing, maintaining and improving the hvnk
highway system.
S l���� Y ��
DISADVANTAGESIFAPPROVE�: DCT (, J �OOP
None � g � { � p � ° � - � - pg �� �/
V� A� d"'1 t 1 ORlvl� I
DISADVANTAGESIFNOTAPPROVED:
The Ciry of Saint Paul would not be in compliance with Minnesota State Stamte 161.25.
�ouncil Research Center
OCT � 0 200�
TOTAL AMOUNT OF TRANSAC710N $ $9,547.3G COSTIREYENUE BUDGETED (CIRCLE ONE) � S No
FUNDING SOURCE Sta[e of Minnesota Department of TranSpOrtR[ion qCfTVITY NUM9ER Z25-42310-3450
FINANCIALLNFOR4AATIpN:(EXPLAIN)
GISJk
�
��
S�l■
�
. ' /
' PRE-LETTING
SERVICES
SECTION
STATE OF NIIDiNESOTA
DEPARTMENT OF TRANSPORTATION
DETOUR AGREEMENT
rir�lnoz
AGREEMENT NO.
82169
The State of Minnesota
Department of Transportation, and
The City of St. Paul
Re: Compensation for road life
consumed by the T.A. 35E detour
ORIGINAL
AMOi3NT ENCUM
59,547.36
AMOUNT RECEIVABLE
on
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 St. Paul, Minnesota, acting by and
through its City Council, hereinafter referred to as the "City".
O, �� �`�
S.P. 1982-129 (T.H. 35E=390)
S.P. 6280-307 (T.H. 35E=390?
S.P. 19-090-05
State Funds
FI
fl , _ �,.�r
�
WHEREAS the State is about to perform grading, concrete surfacing,
r brid e removal draina e, li htin si nin si nal and brid e
9 � 5 g 5, 9 5, 9 J
construction and other associated construction upon, along and
adjacent to Trunk Highway No. 35E from Engineer Station 7+530 to
Engineer Station 8+921 in accordance with State plans, specifications
andJor special provisions designated as State Project's No. 1982-129,
No. 6280-307 (T.H. 35E=390} and S.P. 19-090-05; and
wHEREAS a detour will be required to carry Trunk Highway No. 35E
traffic on Shepard Road and Otto Avenue 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 he determines that such
detour is necessary for the purpose of constructing or maintaining
any trunk highway, and he shall thereafter maintain the detour as a
temporary trunk highway until he revokes the designation; 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
WF3EREAS 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.
2
o�-���ir
82169
IT IS, THEREFORE, MUTIIALLY AGRSED AS FOLLOWS:
I�RTICLE I - DETOT3R
Section A. Location
Those portions of the Trunk Highway No. 35E detour which utilize City
streets are on Shepard Road from Trunk Highway No. 35E northeasterly
£or 0.9 miles to Otto Avenue, and on Otto Avenue from Shepard Road
westerly for 0.4 miles to Trunk Highway iVo. 5.
Section S. Axle Loads and Over-Dimension Loads
The City sha11 permit 9-ton axle loads on that portion of the Trunk
Highway No. 35E detour which 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 center line, edge lines and
necessary messages, may be painted by the State.
Seetion 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. 35E 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.
3
� � - �a.�d'
82169
Section E. Duration
The Trunk Highway No. 35E detour will begin on the date the State
designates same as a detour by the placement of signs thereon and
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 COST
Section A. Gas Tax Method
The "Gas Tax Method" formula, as set forth in the Detour Management
Study Final Report dated 3anuary 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. Ec;uivalent Overlay Method
The City has the option of doing an "Equivalent Overlay Method"
analysis, the procedure far which is set forth in the Detour
Management Study Final Repoxt dated January 1991. Testing and
analysis must be performed by a State-approved £irm, at no cost or
expense to the State.
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 5TATE COST
It is estimated that the State's cost for the road life consumed by
the Trunk Highway No. 35E detour is $9,547.36, based on a Combined
Tax Factor of 0.00392, an Average Daily Traffic count of
6245 vehicles diverted from Trunk Aighway No. 35E, a City street
length of 1.3 miles and an estimated detour duration of 300 days.
0
V � �,�` �
82169
The State's total payment for the road life consumed by the Trunk
_ Aighway No. 35E 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 which is in excess of twice the
"Gas Tax Method" amount. However, the maximum obligation o£ the
State under this Agreement shall not exceed $20,000.00, 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 same 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's District Engineer at Roseville or his duly
authorized representative, for the payment of the State's total
road life payment amount.
ARTICLE IV - GENERAL PROVISI4N5
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,
pursuant to Minnesota Statutes Section 161.25, to restore the City
�
o s •���t
82169
streets used as a Trunk Highway No. 35E detour to as good a condition
' as existed before the routing of the detour traffic thereon.
SPCtion B Examination o£ Books Records �stc
As provided by Minnesota Statutes Section 16C.05, subdivision 5, the
books, records, documents, and accounting procedures and practices of
the State and the City relevant to this Agreement are subject to
examination by the State and the City, and either the legislative
auditor or the state auditor as appropriate, for a minimum of six
years from final payment.
Section C Agzeement A��roval
Before this Agreement shall become binding and effective, it shall be
approved by a City Council resolution and receive approval of State
and City of£icers as the law may provide in addition to the
Commissioner of Transportation or his authorized representative.
ARTICLE V - AUTHORIZED AGENTS
The State's Authorized Agent for the purpose of the administration of
this Agreement is Maryanne Kelly-Sonnek, Municipal Agreements
Engineer, or her successor. Her current address and phone number are
395 3ohn Ireland Boulevard, Mailstop 662, St. Paul, Minnesota 55155,
(651) 296-0969.
The City's Authorized Agent for the purpose of the administration of
this Agreement is Thomas Eggum, City Engineer and Public Works
Director, or his successor. Ais current address and phone number are
1000 City Ha11 Annex, 25 West 4`" Street, St. Paul, Minnesota 55102,
(651) 266-8989.
3
. � . , -
Presented By
Referred To
2
3
4
5
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7
8
9
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14
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. i / //
Council Fi1e # � \ ��'�.�'
Green Sheet # 110473
NNESOTA
aa
kequested by Departmen[. of:
Public Works
By:
Thomas Eggum, ect r
Adopted by Council: Date ��,,, a_y_T o� Form Approved by City Attorney
' �,!,
Adoption Certified by Council Secretary BY: �� �,y? ���
(� d•
B �" -�1�, �\ � 1 � - �oved by Mayor £or Submission to Council
Approved by P?a3+or: �ate �Y Z ( 7^�(�/
�_—
By: \�/�s//�. f//'//'2�G��� /
Committee: Date
WHEREAS, the State is planning to perform gading, co�crete suifacing, bridge removal, drainage, lighting, signing, signal and
bridge construction and other associated construction upon, along and adjacent to a portion of Trunk Highway 35E in accordance
with State plans, specifications and/or special provisions desia ated as State Project numbers 1982-129, 6280-307 and 19-090-05;
and
WHEREAS, Minnesota Statute 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; and
WHEREAS, a detour will be required to carry Trunk Highway No. 35E traffic during the construction project period, and
WHEREAS, Mi�nesota Statute Section 161.25 authorizes the Commissioner of Transportation to desi�nate by order, any public
street or highway as a temporary trunk highway detour when he deternunes tha[ sach detour is necessary for the purpose of
constructing or maintaining any trunk highway, and he shall thereafter maintain the detour as a temporary trunk highway until he
revokes the designation; and
WHEREAS, the following streets within the Saint Paul city limits will be utilized for this detour route and be designated as
temporary trunk highways: Shepud Road from T.H. No. 35E northeasterly 0.9 miles to Otto Avenue, and on Otto Avenue from
Shepard Road westerly 0.4 miles ro T.H. 5, and
WHEREAS, the State is willing to reunbuzse the City of Saint Paul Public Works Street Maintenance in the amount of $9,54736
for the road life consumed by the detour; and
TfIEREFORE BE 1T MUTUALLY AGREED that the Ciry and State enter into Agreement No. 82169 with all iu terms and
conditions
By:
DEPARTMENr/OFPICFJCOUNQL EATE I�YfIPSED 110473 �� ` �
Pnblic Wa�ks October 15 200� GREEN SHEET No.
INI AVDATE INIf1AUDATE
CONfACT PEFiSON & PHONE �. .t.GI, � q
G Ericivson 26(r6229 .(�j � }�� t"r" ❑6 cmrcouNC��
MUSTBEONCOUNCILAGENDABY(�AT� p O�NG PoR '��CmA�O�� ❑CRYCLEPK
ORDEfi ' BUDGEf DIqECTOR ❑ FIN. & MGT. SEflVICES DIR
October 31, 2001 � MAVOF (OR A$$ISTAPfi) ❑
OTALtOF51GNATUREPAGES '� (CLIPALLLOCATOtiSFORSIGNqTUfl� uASSOCIA7E uDEPT.ACCOUMANf O�
CIION flEQUE5iED
ouncil approval for Detour A�reement No. 82169 between the City of Saint Paul and the State of Minnesota Department of
ransportarion for the use of 1.3 miles of ciry sh�eets as a detour during Trunk Highway 35E construction projecL
flECOMMENDAiIONS: Approve (A) ar Fejat (R) pEHSONAL SEHYICE CONTRACTS MUST ANSWER THE FOLLOWING dUES770NS:
PLANNMGCAMMISSION CMLSERVICECOMMISSION 7. HasthispersoNfirtneverworkedunderacontrec[forthisdepartment?
YES NO
_asCOnnMmEE _ 2. HasthispersoNfirtnever6eenac em I �
�Y PoYee
_�� _ YES NO
3. Does ihis persoNfirtn possess a skill not nortnally possessetl by any curtent ciry employee?
DISTHICTCqUNCIL _ YES NO
SUPPORTS WHICH COUNCIL OBJECfIVE? Explain all yes answers on separate sheet arW attach W green sheet
INITIATING PROBLEM, ISSUE, OPPOFTUNITY (WHO, WHAT, WHEN, WHERE, WH1��
The State will be doing construction upon, along and adjacent to Trunk Highway No. 35E. This project will require the use of
13 miles of streets within the city limiu of Saint Paul as a detow route.
Streets to be utilized and designated as temporary trvnk highways: Shepard Road from T.H. No. 35E northeasterly 0.9 miles to Otto
Avenue, and on Otto Avenue from Shepard Road westerly O,A miles to T.H. 5. Tfie State will reimburse the City of Saint Paul in the
amount of $9,54736 for the road life consumed by the detour during the contract construcuon period (approximately 300 days).
ADVANTAGES If APPflOVED. �
This agreement enables the State of Minnesota Department of Transportation to complete its construction project for a portion of Tmnk
Highway 35E as planned. Compliance with Minnesota State Statute 161.25 authorizing the Commissioner of Transportaflon to make
arrangemenu with and cooperate with any governmental authority for the purpose of constructing, maintaining and improving the hunk
highway system.
1 1���� M ��
DISADVANTAGESIFAPPROVED: OCT (,� J LOOI
None
C1TY ATTOR(UEY
DISADVANTAGES IF NOT APPROVED:
The City of Saint Paul would not be in compliance with Minnesota State Statute 16125.
�ouncil Research Center
OCT � 0 p001
TO7ALAMOUNTOFTRANSACTION$ $9 ,547.36 CO57/REVENUEBUDGETED(CIRCLEONE) S No
FUNDING SOURCE S�� of Minneso[a Deparlmen[ of Transporta[ion pCIN1TY NUMBER 225-42310-3450
FfNANC1AL INFORMATION: (EXPLAIN)
Gtxn,
o � -� aar
PRE-LETTING
SERVICES
SECTION
STATE OF MINNESOTA
DEPARTMENT OF TRANSPORTATION
DETOUR AGREEMENT
Mn/DOT
AGREEMENT NO.
82169
S.P. 1982-129 (T.H. 35E=390)
S.P. 6280-307 (T.H. 35E=390)
S.P. 19-090-05
State Funds
The State of Minnesota
Department of Transportation, and
The City of St. Paul
Re: Compensation for road life
consumed by the T.H. 35E detour
�iT i�efii�� ��
AMOUNT ENCUMBERED
59.547.36
AMOUNT RECEIVABLE
(None)
THIS AGREEMENT is made and entered into by and between the State
Minnesota, Department of Transportation, hereinafter referred to
the ��State" and the City of St. Paul, Minnesota, acting by and
through its City Council, hereinafter referred to as the "City".
of
as
1
o,_�s�r
82169
WHEREAS the State is about to perform grading, concrete surfacing,
` bridge removal, drainage, lighting, signing, signal and bridge
construction and other associated construction upon, along and
adjacent to Trunk Highway No. 35E from Engineer Station 7+530 to
Engineer Station 8+921 in accordance with State plans, specifications
and/or special provisions designated as State Project's No. 1982-129,
No. 6280-307 (T.H. 35E=390) and S.P. 19-090-05; and
WHEREAS a detour will be required to carry Trunk Highway No. 35E
traffic on Shepard Road and Otto Avenue 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 he determines that such
detour is necessary for the purpose of constructing or maintaining
any trunk highway, and he shall thereafter maintain the detour as a
temporary trunk highway until he revokes the designation; 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
£orth in the Detour Management Study Final Report dated January 1991;
and
WAEREAS 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.
2
o�-�a�ir
�=f7
IT 25, THEREFORE, MUTUALLY AGREED AS FOLLOWS:
ARTICLE _ - DETOUR
Section A. Location
Those portions of the Trunk Highway No. 35E detour which utilize City
streets are on Shepard Road from Trunk Highway No. 35E northeasterly
for 0.9 miles to Otto Avenue, and on Otto Avenue from Shepard Road
westerly for 0.4 miles to Trunk Highway No. 5.
S�ction B. Axle Loads and Over-Dimension Loads
The City shall permit 9-ton axle loads on that portion of the Trunk
Highway No. 35E detour which is on City streets. Over-dimension
loads will not be permitted except in cases of extreme emergency.
Seetion 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 center line, edge lines and
necessary messages, may be painted by the State.
�etion 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. 35E 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.
3
9 � • �
82169
Section E. Duration
The Trunk Highway No. 35E detour will begin on the date the State
designates same as a detour by the placement of signs thereon and
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 2I - BASIS OF STATE COST
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, tize procedure for which is set forth in the Detour
Management Study Final Report dated January 1991. Testing and
analysis must be performed by a State-approved firm, at no cost or
expense to the State.
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 I2I - PAYMENT OF STATE COST
It is estimated that the State's cost for the road life consumed by
the Trunk Highway No. 35E detour is $9,547.36, based on a Combined
Tax Factor of 0.00392, an Average Daily Traffic count of
6245 vehicles diverted from Trunk Highway No. 35E, a City street
length of 1.3 miles and an estimated detour duration of 300 days.
0
0 � —tia.�P
82169
The State's total payment for the road life consumed by the Trunk
Highway No. 35E 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 which is in excess of twice the
"Gas Tax Method" amount. Aowever, the maximum obligation of the
State under this Agreement shall not exceed $20,000.00, 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 same 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 Sta�e 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's District Engineer at Roseville or his duly
authorized representative, for the payment of the State's total
road life payment amount.
ARTICLFs IV - GPtNERAL PROVISTONS
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,
pursuant to Minnesota Statutes Section 161.25, to restore the City
5
o � -�a�
82169
streets used as a Trunk Highway No. 35E detour to as good a condition
' as existed before the routing of the detour traffic thereon.
Section B Examination o£ Books. Records, Etc.
As provided by Minnesota Statutes Section 16C.05, subdivision 5, the
books, records, documents, and accounting procedures and practices of
the State and the City relevant to this Agreement are subject to
examination by the State and the City, and either the legislative
auditor or the state auditor as appropriate, for a minimum of six
years from final payment.
Section C A_greement Ar�oroval
Before this Agreement shall become binding and effective, it shall be
approved by a City Council resolution and receive approval of State
and City officers as the law may provide in addition to the
Commissioner of Transportation or his authorized representative.
ARTICLE V - AUTHORIZED AGENTS
The State's Authorized Agent for the purpose of the administration of
this Agreement is Maryanne Kelly-Sonnek, Municipal Agreements
Engineer, or her successor. Her current address and phone number are
395 John Ireland Boulevard, Mailstop 682, St. Paul, Minnesota 55155,
(651) 296-0969.
The City's Authorized Agent for the purpose of the administration of
this Agreement is Thomas Eggum, City Engineer and Public Works
Director, or his successor. His current address and phone number are
1000 City Hall Annex, 25 West 4 Street, St. Paul, Minnesota 55102,
(651) 266-8989.
0