HomeMy WebLinkAboutVIII-15 Approve Detour Agreement No. 1057488 for Highway 316 Mill & Overlay City Council Memorandum
To: Mayor Fasbender & City Council Members
From: Cody Mathisen – City Engineer
Date: October 7, 2024
Item: Resolution – Approve Detour Agreement No. 1057488 – Highway 316 Mill and Overlay
Council Action Requested:
Attached for Council consideration is a resolution to approve the attached Detour Agreement that will
allow for MnDOT to designate 10th Street East as part of a local detour route during the summer of 2025.
Background Information:
In the summer of 2025, MnDOT will be completing a Mill and Overlay project of Highway 316 beginning
South of the Tuttle Drive roundabout and ending at the intersection of Highway 316 and Highway 61 just
East of Miesville. 10th Street East will be designated as a local detour route for traffic that would
otherwise be using Highway 316 during non-construction times. The duration of this detour is currently
estimated to be a total of 74 days.
The traffic that will be guided to use this route will be from within the City as well as areas south and
east of the City in the immediate vicinity of Hastings. The official regional detour route for through
traffic originating from the Twin Cities core metro as well as from the Red Wing area and beyond will be
Highway 61 and will be signed as such.
Financial Impact:
MnDOT has a policy for compensating municipalities when detour routes for their projects are
facilitated using local streets. The policy uses a method for determining the value of the extra “Road Life
Consumed” by the additional traffic on the local road during the time of the detour. Based on this policy
formula, the City will receive approximately $2,500.
Staff Recommendation:
Staff is recommending the Council adopt the attached resolution approving Detour Agreement No.
1057488 and authorizing the Public Works Director to execute and administer the agreement on the
City’s behalf.
Attachments:
• Resolution
• Detour Map
• Detour Agreement No. 1057488
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CITY OF HASTINGS
DAKOTA COUNTY, MINNESOTA
Resolution No. _________
RESOLUTION FOR APPROVAL OF DETOUR AGREEMENT
TRUNK HIGHWAY 316 MILL AND OVERLAY PROJECT
WHEREAS, in the summer of 2025, the Minnesota Department of Transportation (MnDOT) will begin a
project to Mill and Overlay Trunk Highway 316 from just South of the Tuttle Drive Intersection to the
intersection of Highway 316 and US Highway 61 approximately 8.5 miles South of Hastings corporate limits,
and
WHEREAS, this project will require detour routes to facilitate through-traffic flow while the Trunk Highway
316 corridor is under construction, and
WHEREAS, the local area detour route for traffic in the immediate vicinity of Hastings will include 10th Street
East, and
WHEREAS, MnDOT has a policy for compensating municipalities whenever local streets are utilized for detour
routes, and
WHEREAS, MnDOT requires a Detour Agreement to document the application of said policy and amount of
compensation due to a municipality, and
WHEREAS, Detour Agreement No. 1057488 has been assembled to provide said documentation.
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HASTINGS AS FOLLOWS; that
1. The City Council hereby approves Detour Agreement No. 1057488.
2. The Public Works Director is authorized to execute and administer the agreement.
ADOPTED BY THE CITY COUNCIL OF HASTINGS, MINNESOTA, THIS 7TH DAY OF OCTOBER, 2024.
Ayes:
Nays: Mary D. Fasbender, Mayor
ATTEST:
Kelly Murtaugh, City Clerk
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MnDOT Contract No.: 1057488
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Detour Agreement without Local Maintenance (Cooperative Agreements)
STATE OF MINNESOTA
DEPARTMENT OF TRANSPORTATION
AND
CITY OF HASTINGS
DETOUR AGREEMENT
For Trunk Highway No. 316 Detour
State Project Number (S.P.): 1926-23
State Project Number (S.P.): 2518-12
Trunk Highway Number (T.H.): 316=316
Federal Project Number: NHPP-HSIP 0316(303)
Original Amount Encumbered
$2,470.03
This Agreement is between the State of Minnesota, acting through its Commissioner of Transportation ("State") and
the City of Hastings acting through its City Council ("City").
Recitals
1. The State is about to perform grading, bituminous surfacing, and drainage construction upon, along, and
adjacent to Trunk Highway No. 316 from south junction of Trunk Highway No. (T.H.) 61 to Tuttle Drive under
State Project No. 1926-23 (T.H. 316=316); and
2. The State requires a detour to carry T.H. 316 traffic on Ravenna Trail and 10th Street 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. 316 detour route on the following City streets as detailed in
the project plans or Special Provisions:
Stage 2 (NB) – 10th Street, Ravenna Trail (MSAS 133) for a total distance of 1.25 miles.
Stage 3 (NB) – 10th Street, Ravenna Trail (MSAS 133) for a total distance of 1.25 miles.
B. Modification of the Detour Route. The State may modify the detour route or may add additional
roadways to the official detour during construction. The State will request concurrence from the City
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Detour Agreement without Local Maintenance (Cooperative Agreements)
for changes to the detour route. If such change increases the States total payment amount over the
maximum obligation in Article 3.2, the Agreement will be amended.
C. Axle Loads and Over-Dimension Loads. Over-dimension loads will not be permitted except in cases of
extreme emergency.
D. Traffic Control Devices. 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.
E. Detour Maintenance. The State will perform any necessary bituminous patching and ordinary
maintenance on the roadway or shoulder of the City streets 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 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.
F. 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 MnDOT's Policy on Cost Participation for Cooperative Construction Projects
and Maintenance Responsibilities between MnDOT and Local Units of Government.
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 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. If an ADT changes, the parties will amend the Agreement.
B. The City may, at its option, perform an "Equivalent Overlay Method" analysis. A State-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. $2,487.16 is the State's estimated cost for the road life consumed by the detour
based on the data below:
Stage Tax Factor ADT Road Length
(Miles) Duration (Days) Cost
Stage 2 (NB) 0.00513 4,883 1.25 52 $1,628.24
Stage 3 (NB) 0.00513 5,967 1.25 22 $841.79
Road Life Consumed Amount: $2,470.03
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. $10,000.00 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.
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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 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 streets used as a T.H. 316 detour to as
good of condition as they were before designation as temporary trunk highways.
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: Greg Kern, MnDOT Metropolitan District Traffic Engineering (or successor)
Address: 1500 County Road B2 West, Roseville, MN 55113
Telephone: (651) 775-9167
E-Mail: gregory.kern@state.mn.us
5.2. The City's Authorized Representative will be:
Name, Title: Ryan Stempski, Public Works Director (or successor)
Address: 1225 Progress Drive, Hastings, MN 55033
Telephone: (651) 480-2368
E-Mail: rstempski@hastingsmn.gov
6. Assignment; Amendments; Waiver; Contract Complete
6.1. Assignment. No 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.
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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.
11. Termination; Suspension
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.
11.3. Suspension. In the event of a total or partial government shutdown, the State may suspend this
Agreement and all work, activities, performance, and payments authorized through this Agreement. Any
work performed during a period of suspension will be considered unauthorized work and will be
undertaken at the risk of non-payment.
12. Force Majeure
No 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.
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STATE ENCUMBRANCE VERIFICATION
Individual certifies that funds have been encumbered
as required by Minnesota Statutes § 16A.15 and
16C.05.
Signed:
Date:
SWIFT Purchase Order: 3000776575
CITY OF HASTINGS
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.
By:
Title:
Date:
By:
Title:
Date:
DEPARTMENT OF TRANSPORTATION
Approved:
By:
(District Engineer)
Date:
COMMISSIONER OF ADMINISTRATION
By:
(With Delegated Authority)
Date:
INCLUDE COPY OF THE RESOLUTION APPROVING THE AGREEMENT AND AUTHORIZING ITS EXECUTION.
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