HomeMy WebLinkAbout02-25-2020 Council Handouts Oak Park Heights
Request for Council Action
Meeting Date January 14th,2020 (Addition to 2/25/20 Agenda)
Time Required: 10 Minutes
Agenda Item Title: LOOKOUT TRAIL—TURNBACK AGREEMENT—MNDOT/OPH
Agenda Placement New Business
Originating Department/Requestor: Eric Johnson, City Administrator
Requester's Signature
Action Requested: Discussion—Possible Action.
Background/Justification(Please indicate if any previous action has been taken or if other public bodies
have advised):
2/25/20 UPDATE:(MAP ON NEXT PAGE)
In January,the City Council did table this matter due to some issues being raised by a resident on Lookout Trail.
Staff has explored some of the issues and would note the following:
1. The City's storm water facilities that cross Lookout Trail or are along the West side of Lookout Trail remain the City's
facilities to manage and maintain—regardless of this project or Turnback.However,the City will seek an amendment
to the Draft Agreement that will assure the City unambiguous continuation of these facilities and their drainage.
2. The City will seek an amendment to the Draft Agreement that will assure the City down-stream capacity for stormwater
running from the current impervious surfaces and possible new water from a trail-way to the local MNDOT stormwater
ponds. MNDOT will need to stipulate to this permission in the Agreement.MSCWMO has advised the City that this is
a permissible practice.Without this,the City would have increased costs for addition stormwater management needs
such as a large sump,or other diversion structure.
3. Staff believes that the Stormwater Piping located at the NOTH end of Lookout Trail is NOT the City's facility,some
more exploration will be necessary to better define this come spring.Staff will pursue language will need to be inserted
in the Agreement with MNDOT that defines this as a MNDOT facility if it is discovered as such.
4. Lastly,the City will seek to ensure all stormwater out-letting to this area can be accounted for in the Project and can
continue in its current path.
At this time, Staff would offer that these issues manageable under the general scope of the discussions to date. The
City will likely need to expend some dollars to complete portions of this project but that will of course depend on
final construction plans and bids.
If the City Council was comfortable with these general terms and conditions as noted in January and to be
further supplemented with the above items, the City Council could consider action on the approval of this
Agreement contingent upon any final language required by City Staff or Attorney. Staff would however seek
any final execution after the final detachments/annexations are complete.
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FROM JANUARY 2020:
Enclosed is the DRAFT Agreement with MNDOT related to the transfer of Lookout Trail to the City.
Note the following ELEMENTS:
1. MNDOT(State)would make a lump-sum payment to the City of$1.1 million dollars.Once paid,the City would
become unilaterally responsible for the maintenance and operation of this roadway. MNDOT would be required
to convey all of its rights in the identified areas. Interestingly,there is not a trigger in the Agreement stating that
the City must undertake a reconstruction or any other specific action. As this is a fixed amount, construction
should commence not later than 2021 so as to ensure effective investment power of the funds relative to
construction costs.
2. The MNDOT funding is anticipated to cover a majority of costs associated with a
reconstruction of this surface includingthe installation of a TRAIL/SIDEWALK.The wemra� $788550.50
10%CONTINGENCY $7&,855.05
City would be required to cover any cost differences,should there be any.The Dec 25%ENGILEGALJADMIN $216,851.39
2018 STANTEC Estimate of Probable Costs — for Street, Storm and Trail-way is TOTAL $1,004,256.44
$1,084,256.94.
3. Staff continues to meet with the Watershed District to understand drainage requirements. It is anticipated that
most of the storm-water is addressed in the MNDOT ponding areas. However, additional measures may be
required for any new impervious(Trailway)and/or for a full-depth reconstruction.
4. The Draft Agreement enclosed appears reasonable and some final edits may be necessary,however MNDOT is
reducing its long-term maintenance and operational liabilities while the City will acquire a new trail-way, gain
some expediency on roadway maintenance but perhaps most importantly and in conjunction with the Detachment
/Annexation action,OPH will control that accessway for its residents to a major Trunk Highway.
If the City Council was comfortable with these general terms and conditions,the City Council could consider
action on the approval of this Agreement contingent upon any final language required by City Staff or
Attorney.Staff would however seek any final execution after the final detachments/annexations are complete.
OPINION OF PROBABLE COST BREAK DOWN
LOOKOUT TRAIL
PROJECT NO.193804387
OAK PARK HEIGHTS,MN
December,2018
No. Item Units Qty EE Unit Price EE Total Price
STREET CONSTRUCTION
1 MOBILIZATION LS 1 $45,460.00 $45,OOO.DO
2 TRAFFIC CONTROL LS 1 $3,200,00 $3,206.06
3 STREET SWEEPER WITH PICK UP BROOM WITH OPERATOR HR 20 $150.00 $3,000.DO
4 SILT FENCE,MACHINE SLICED LF 2650 $2.00 $5,3DO.DO
5 REMOVE STREET SIGN EA 5 $50.00 $254.00
6 REMOVE EXISTING O.ILVERT LF 230 $10.00 $2,3DO.DO
7 REMOVE INTEGRANT CURB LF 2120 $7.00 $14,840.DO
8 REMOVE BITUMINOUS CURB LF 1866 $3.50 $6,30O.D6
9 REMOVE ROADWAY PAVEMENT SY 5710 $10.00 $57,100.DO
10 REMOVE DRIVEWAY PAVEMENT SY 455 $5.00 $2,275.D0
11 SAWCUT CONCRETE PAVEMENT LF 186 $6.00 $1,086.04
12 SAWCUT BITUMINOUS PAVEMENT LF 50 $4.50 $225.04
13 REMOVE RIPRAP CY 3 $120.00 $360.DD
14 SALVAGE AND REINSTALL MAILBOX EA 9 $200.40 $1,8DO.DO
15 COMMON EXCAVATION CY 2260 59,40 $20f340.DO
16 AGGREGATE BASE,CLASS 5,100%CRUSHED TN 2770 520.40 $55,40O.DO
17 CONCRETE CURB&GUTTER,8624 LF 4450 526.00 $115,7DO.DO
18 TYPE SP 12.5 WEARING COURSE(3,C) TN 1320 595.40 $125,4W.D4
19 TYPE SP 12.5 WEARING COURSE(3,C),DRIVEWAY TN 75 $190.00 $14,250.DO
20 BITUMINOUS MATERIAL FOR TACK COAT GAL 294 $3.25 $942.50
21 SIGN PANEL,TYPE C SF 60 $35,40 $2,100.DO
STREET CONSTRUCTION SUBTOTAL $477,1152-50
STORM SEWER CONSTRIPMON
22 15"RC PIPE SEWER DES 3066 CL V LF 600 $50.00 $30,ODO.DO
23 18"RC PIPE SEWER DES 3006 CL V LF 180 $57.40 $10,260.D4
24 24"RC PIPE SEWER DES 3006 CL III LF 750 $62.00 $46,500.DO
25 15"RC PIPE APRON EA 1 $500.00 $5DO.D6
26 18"RC PIPE APRON EA 3 $550.00 $1,650.00
27 24"RC PIPE APRON EA 2 $1,340.00 $2,6DO.DO
28 OONSTRUCT DRAINAGE STRUCTURE DES 4DO7 EA 9 $1,450,00 $9,450.DO
29 CONSTRUCT DRAINAGE STRUCTURE DES 48-4020 LF 45 $290.00 $13,050.00
30 RANDOM RIPRRPCLASS III CY 30 $81.00 $2,430.DO
STORM SEWER CONSTRUCTION SUBTOTAL $116,440.00
TRAIL CONSTRUCTION
31 CLEARING AND GRUBBING LS 1 $9,060.00 $9,000.00
32 COMMON BORROW Cf 3780 $6.00 $22,680.00
33 AGGREGATE BASE,CLASS 5,10D%CRUSHED-TRAIL TN 1000 $110.00 $110,0D6.D0
34 TYPE SP 12.5 WEARING COURSE(3,C)-TRAIL TN 330 $28,50 $9,405.D0
35 CONCRETE PEDESTRIAN CURB RAMP SF 5DO $15.00 $7,5DO.DO
36 TRUNCATED DOME PANEL SF 100 $55.00 $5,500.D0
37 TOPSOIL BORROW(LV) CY 500 $20.00 $LD,OOD.DO
38 ROCK DITCH CHECK EA 15 $300,00 $4,5DO.DO
39 EROSION CONTROL BLANKETS CATEGORY 3 SY 4510 $1.30 $5,863.04
40 SEED MDCTURE AC 1.2 $1,060.00 $1,201DO
41 FILTER LOG TYPE WOOD FIBER FILTER LOG LF 2206 $4.00 $8,8DO.D4
42 4"SINGLE SOLID LINE,WHITE EPDXY LF 100 $5.00 $500.D4
TRAIL CONSTRUCTION SUBTOTAL $194,948.110
SUBTOTAL $788,550.50
10%CONTINGENCY $78,855.05
25%ENG/LEGAVADMIN 3216,851.39
TOTAL $1,084,256.94
MnDOT Agreement No. 1035169
STATE OF MINNESOTA
TRUNK HIGHWAY
JURISDICTIONAL TRANSFER
CITY OF OAK PARK HEIGHTS
("TURNBACK")AGREEMENT
Original Amounts Encumbered
State Project Number(S.P.): 8214-114AN State Funds FY 2020
Trunk Highway Number: 36
Control Section Number: 8214 $ 1,100,000.00
Purpose: State transfer of Lookout Trail to the City of Oak Park Heights from Beach Road 3)to
TH 95 in the City of Oak Park Heights,Washington County. +,*
This Agreement is between the State of Minnesota,acting through its Commissioner of Transportation("Mn/D'OT")
and the city of Oak Park Heights,a political subdivision of the State of Minnesota acting through its CITY
COUNCIL("Political Subdivision").
RECITALS
1. Minnesota Statutes §161.20 authorizes MnDOT to enter into agreements with other governmental authorities
to carry out the purposes of Minnesota Statutes Chapter 161; and
2. The Political Subdivision is a Road Authority as defined in Minnesota Statutes §160.02(subd.25); and
3. MnDOT has determined that a Lookout Trail which is a part of the Trunk Highway 95 Right-of-Way from
Beach Road(CSAH 23)to Trunk Highway 95("Roadway Segment")is no longer needed for trunk highway
purposes;and
4. The parties agree that Political Subdivision is the proper road authority in this area;and
5. MnDOT has determined that the Roadway Segment will revert to another road authority in accordance with
Minnesota Statutes §161.16 and MnDOT has further determined that the Political Subdivision is the proper
road authority;and
6. The Roadway Segment is in need of pavement repair and improvements;and
7. The parties have entered into this Agreement to provide for the orderly reversion of the Roadway Segment to
the jurisdiction of the Political Subdivision.
AGREEMENT
1. Effective Date; Survival of Terms
This Agreement will be effective on the date last signed below by the parties and by such other State of
Minnesota officials as required by Minnesota Statutes §16C.05. This Agreement will remain in effect until
MnDOT has(1)served a Notice of Release,and(2)made payments(if any)as required by this Agreement.All
clauses which impose obligations continuing in their nature and which must survive in order to give effect to
their meaning will survive the expiration of this Agreement.
State Fund Turnback(Jurisdictional Reversion)
Page 60 of 72
MnDOT Agreement No. 1035169
2. Identification of Trunk Highway Segment;Right-of-Way Determination
The Roadway Segment covered by this Agreement is described as Lookout Trail from Beach Road to Trunk
Highway 95 a distance of 0.47 miles shown Exhibit A attached and incorporated into this Agreement.
MnDOT will confer with Political Subdivision determining the final right-of-way limits prior to transfer of
jurisdiction to the Political Subdivision.
3. Notice of Release; Future Responsibility; Conveyance Documents
3.1. Notice of Release.MnDOT will deliver to the Political Subdivision a"Notice of Release"citing the
effective date of release("Effective Date").Upon the Effective Date,the Roadway Segment is released
from MnDOT's jurisdiction,and the Political Subdivision is the Road Authority with jurisdiction over the
Roadway Segment and will assume all responsibility and ownership of the Roadway Segment and of all
structures and facilities that are a part of the Roadway Segment.
3.2. Conveyance Documents. Subsequent to issuing the Notice of Release,MnDOT will prepare and execute
necessary and appropriate documents conveying MnDOT s interest,if any,in the Roadway Segment to
the Political Subdivision.MnDOT will convey its entire interest in the Roadway Segment to the Political
Subdivision. MnDOT will not retain or reserve any interest in the Roadway Segment,including any
unrecorded or prescriptive easement or interest.
4. Delivery of Records
Following delivery of the Notice of Release,MnDOT will,upon request,provide the Political Subdivision
with available records concerning the Roadway Segment. Such records must be in WDOT's possession,and
will be released only if such release is lawful under the provisions of the Minnesota Government Data
Practices Act. Such records may include the following:
a) A list of active maintenance agreements,including signal and routine maintenance agreements with
other governmental agencies that will be cancelled,and a list of agreements with utility companies
that will be cancelled;
b) Records concerning utility permits,drainage permits,driveway and other access permits,advertising
and sign permits,and other limited-use permits;
c) Construction plans and records,as-built construction plans(if available);
d) Bridge inspection reports and ratings;
e) Aerial photos and other photo and video files,in either hard copy or digital form;
f) Right-of-way maps and parcel files;
g) Inventory Data;
h) Pavement condition ratings;
i) Traffic signal files including timing sequence information and repair history;
j) Accident reports and statistics;
k) Most current traffic counts;
1) Alignment ties,horizontal and vertical control monuments and related data;
m) Partially or fully completed plans for construction projects;
n) Road opening and right-of-way documentation.
5. Responsibility for Claims
MnDOT will remain responsible,to the extent authorized by Minnesota Statutes §3.736 and other applicable
law,for claims related to construction,maintenance,and operation of the Roadway Segment during the period
when it was a state trunk highway to the extent the claims are a result of MnDOT's acts and omissions,even if
such claims are filed after the Political Subdivision receives the Notice of Release.The Political Subdivision
will be responsible for claims arising out of its own construction,maintenance,or operation of the Roadway
Segment after it received the Notice of Release.
State Fund Turnback(Jurisdictional Reversion) Page 61 of 72
MnDOT Agreement No. 1035169
6. Payment by MnDOT
6.1. MnDOT s obligation under this Agreement is$1,100,000.00.This obligation may be increased only by
amending this Agreement.
6.2 Conditions of Payment MnDOT will pay Political Subdivision the full and complete lump sum amount
after the following conditions have been met:
A. Encumbrance by MnDOT of the full and complete amount.
B. Execution of this Agreement and transmittal to Political Subdivision.
C. Transfer of the Roadway Segment to the jurisdiction of Political Subdivision.
D. MnDOT's receipt of a written request from Political Subdivision for the payment of funds. The
request shall include a copy of the "Notice of Release",described under Article 3.1,indicating the
Roadway Segment has transferred to the jurisdiction of Political Subdivision.
7. Release of Claims; Covenant not to Sue
By accepting the payment provided for in this Agreement,the Political Subdivision releases MnDOT from any
and all claims related to the condition of the Roadway Segment,regardless of whether such claims result from
surface or sub-surface conditions,and regardless of whether such conditions were known or unknown at the
time of reversion.The political subdivision is encouraged to perform its own geotechnical explorations and
will not rely on previous geotechnical studies performed by MnDOT.In consideration of the payment provided
by MnDOT,the Political Subdivision covenants not to sue MnDOT or any other state agency or official with
respect to WDOT's decision to make the reversion or for any claim s%ricinLY out of the condition of the
Roadway Segment.
8. General Provisions
8.1. Venue.Venue for all legal proceedings out of this Agreement,or its breach,must be in the appropriate
state or federal court with competent jurisdiction in Ramsey County,Minnesota.
8.2. Termination.This Agreement may be terminated only by mutual written agreement of the parties,
except that MnDOT may terminate this Agreement if it does not obtain funding from the Minnesota
Legislature.
8.3. Suspension.MnDOT may suspend its payment obligations under this Agreement in the event of a total
or partial government shutdown due to failure to have an approved budget by the legal deadline.The
period of suspension will end when MnDOT is legally authorized to resume such payments.
8.4. Severability.If any provision of this Agreement is found to be invalid or unenforceable,such provision
will not affect the validity or enforceability of any other provision of this Agreement,which will remain
in force and effect.
8.5. Merger.This Agreement contains all prior negotiations and agreements between MnDOT and the
Political Subdivision.No other understanding regarding this Agreement,whether written or oral,may be
used to bind either party.
8.6. 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 this Agreement,or their
successors in office.
State Fund Tumback(Jurisdictional Reversion) Page 62 of 72
WDOT Agreement No. 1035169
8.7. Government Data. This Agreement,and any data exchanged by the parties pursuant to this Agreement,
will be "government data"and subject to the requirements of the Minnesota Government Data Practices
Act,Minnesota Statutes Chapter 13.
8.8. State Audits. The books,records,documents,and accounting practices and procedures of the Political
Subdivision relevant to this Agreement are subject to examination by MnDOT and the State Auditor or
Legislative Auditor,as appropriate,for a minimum of six years.
9. Additional Provisions
If MnDOT fails to pay in full as required by Article 6,then the Rodway Segment will revertto MnDOT's
ownership,and MnDOT will have all maintenance responsibilities associated with such ownership.
THE BALANCE OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK
State Fund Turnback(Jurisdictional Reversion) Page 63 of 72
WDOT Agreement No. 1035169
STATE ENCUMBRANCE VERIFICATION DEPARTMENT OF TRANSPORTATION
Individual certifies that funds have been
encumbered as required by Minnesota Statutes
§16A.15 and§16C.05 Recommended for Approval:
Signed: By:
(District Engineer or ADE State Aid)
Date: Date:
SWIFT Purchase Order: Approved:
By:
POLITICAL SUBDIVISION* (State Aid Engineer)
The Political Subdivision certifies that the Date:
appropriate person(s)have executed the Agreement
on its behalf as required by applicable resolutions,
ordinances or charter provisions.
By: Approved:
Title: By-
(Operations Engineer)
Date:
Date.
By:
Title: COMMISSIONER OF ADMINISTRATION
Date: By'
(With Delegated Authority)
* INCLUDE A RESOLUTION
Date:
State Fund Turnback(Jurisdictional Reversion) Page 64 of 72
MnDOT Agreement No. 1035169
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State Fund Turnback(Jurisdictional Reversion) Page 65 of 72