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ITEM 3.10 Pavement Management Agreement with MNDOT #1034017. Oil OtkgoF MINNESOTA V DEPARTMENT INFORMATION Request for City Council Action ORIGINATING DEPARTMENT REQUESTOR: MEETING DATE: Public Works City Engineer Wagner June 10, 2019 PRESENTER(s) REVIEWED BY: ITEM #: Consent City Administrator/Finance Director Flaherty City Attorney MacArthur 3.10 STRATEGIC VISION MEETS: THE CITY OF OTSEGO: monitoring of pavement preservation test sites on 70th Street and 80th Street. Is a strong organization that is committed to leading the community through innovative communication. X Has proactively expanded infrastructure to responsibly provide core services. No Is committed to delivery of quality emergency service responsive to community needs and expectations in a cost-effective manner. Otsego City Staff, Albertville City Staff and MNROAD have been in discussion over the past several months Is a social community with diverse housing, service options, and employment opportunities. the same basic footprint with different test sections of base material. MNROAD and their partners are Is a distinctive, connected community known for its beauty and natural surroundings. AGENDA ITEM DETAILS RECOMMENDATION: Staff recommends approving Resolution 2019-34 entering into an agreement for the construction and monitoring of pavement preservation test sites on 70th Street and 80th Street. ARE YOU SEEKING APPROVAL OF A CONTRACT? IS A PUBLIC HEARING REQUIRED? Yes No BACKGROUND/JUSTIFICATION: Otsego City Staff, Albertville City Staff and MNROAD have been in discussion over the past several months regarding a partnership in which IVINROAD and other agencies will reconstruct 70th Street and 80th Street to the same basic footprint with different test sections of base material. MNROAD and their partners are interested in how well different recycling methods involving reclaiming the existing surface and injecting or incorporating different stabilizers (cement or asphalt) perform in live conditions in northern climates. 70th Street is to be used as an example of a local street with heavier than average truck traffic (i.e. concrete plant and other industrial uses) while 80th Street is to be an example of lower volume local street. MNROAD and their partners will use methods that may include CIR (Cold Inplace Reclaim); NIR (Hot Inplace Reclaim); SFDR (Stabilized Full Depth Reclaim); and CCPR (Cold Central Plant Recycle) to increase the strength of the existing base. Once the material is in place and shaped, an asphalt overlay will be placed to provide a smooth surface for travel. The local obligations to the project have been Albertville's and Otsego's support and providing traffic control while test holes were completed to determine if the streets were homogenous enough to use. MNROAD will be able to evaluate the street over the next four years using a specially equipped van that can determine how the surface and base are handling the traffic and weather. After four years the testing period is completed and the Cities can adjust the street section if needed for development. During the construction the street will be reduced to one lane while the reclaim train processes the base, but it will be open at all times. Otsego and Albertville will be responsible for maintaining adequate striping to our existing standards. Construction is anticipated to start in August and last only a few weeks so as to be complete prior to schools returning to session in September. The new street section of 70th Street will start approximately 700' west of CSAH 19 to accommodate for the County's planned round about at CSAH 19/CSAR 38 intersection in 2020. MNROAD and the Cities expect this street reconstruction to last a minimum of 20 years before and major reconstruction will be needed again so this is truly an extremely great deal for both of the Cities as 70th Street and 80th Street are much in need of reconstruction. SUPPORTING DOCUMENTS ATTACHED: • Resolution 2019-32 • Partnership Agreement between MNDOT, the City of Albertville and the City of Otsego POSSIBLE MOTION PLEASE WORD MOTION AS YOU WOULD LIKE ITTO APPEAR IN THE MINUTES: Motion to adopt Resolution 2019-34 Entering into MNDOT Agreement #1034017 with MNDOT, the City of Albertville and the City of Otsego. BUDGET INFORMATION FUNDING: BUDGETED: Fund 201— Pavement Management Yes CITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. 2019-32 A RESOLUTION TO ENTER INTO MNDOT AGREEMENT NO. 1034017 FOR CONSTRUCTION AND MONITORING OF PAVEMENT PRESERVATION TEST SITES ON 70TH STREET AND 80TH STREET AS PART OF THE NCAT/MNROAD RESEARCH PROJECT PARTNERSHIP WHEREAS, the Commissioner of Transportation may enter into agreements with governmental entities for research and experimentation or other cooperative programs that promote efficiencies; and WHEREAS, the State of Minnesota will build and evaluate test sections on 70th Street and 80th Street and perform inspections to assure quality of work and proper materials are used; and WHEREAS, the City of Otsego will allow MnDOT access to 70th Street and 80th Street for construction and monitoring of each of the test sections developed as well as provide and maintain for the pavement markings on 70th Street and 80th Street per the City of Otsego standards; and WHEREAS, this agreement between the cities of Albertville and Otsego and MnDOT is a no -cost agreement. NOW, THEREFORE, BE IT RESOLVED that the City of Otsego enters into MnDOT Agreement Number 1034017 with the State of Minnesota, Department of Transportation, for the following purpose: To Enter Into MnDOT Agreement No. 1034017 for Construction and Monitoring of Pavement Preservation Test Sites on 70th Street and 80th Street as Part of the NCAT/MnROAD Research Project Partnership BE IT FURTHER RESOLVED that the Mayor and the City Administrator are authorized to execute the agreement. Adopted by the Otsego City Council on this 10th day of June 2019. Jessica Stockamp, Mayor ATTEST: Tami Loff, Clerk MnDOT Agreement # 1034017 PARTNERSHIP AGREEMENT BETWEEN MINNESOTA DEPARTMENT OF TRANSPORTATON AND CITY OF ALBERTVILLE CITY OF OTSEGO FOR the construction and monitoring of pavement preservation test sites on 70th Street and 80th Street, as part of the MCAT/MnROAD research project partnership. This Agreement is between the State of Minnesota Acting through its Commissioner of Transportation ("State") and the cities of Albertville and Otsego. Recitals Under Minnesota Statutes Section 174.02, subdivision 6, the Commissioner of Transportation may enter into agreements with governmental or nongovernmental entities for research and experimentation, for sharing facilities, equipment, staff, or other means of providing transportation -related services; or for other cooperative programs that promote efficiencies in providing governmental services or that further the development of innovation in transportation for the benefit of the citizens of Minnesota; and 2. All parties are willing to enter this Agreement to set forth their respective rights and duties. Agreement Term of Agreement; Exhibits 1.1 Effective date. This Agreement will be effective upon execution and approval by the State and City officials pursuant to Minnesota law or when signed by all parties. 1.2 Expiration date. This Agreement will expire on December 31, 2024 unless terminated earlier pursuant to Article 11. 2. Scope of Work and Responsibilities of Each Party. 2.1 State responsibilities. State will: 2.1.1 Supply materials, labor, and traffic control, as required to safely build and evaluate test sections on 70th Street and 80`i' Street. 2.1.2 Perform inspection during pavement preservation construction to assure quality of work and proper materials are used. 2.1.3 Mark out individual test sections each 528 feet (or as needed) in length with paint along the edge stripe to effectively track each test section in the field. 2.1.4 Repair any core holes required for the research effort. 2.1.5 Perform periodic pavement performance inspections with an automated distress van, as needed, without any disruption to traffic (no traffic control required). 2.1.6 Perform periodic pavement performance inspections with manual methods, up to three times a year with disruption to traffic (MnDOT will hire traffic control). 2.1.7 MnDOT through its NCAT partnership funding will repair any pavement preservation sections that "fail" (excessive rutting/cracking/ride) over the length of the agreement. Partnership Agreement Rev. 04/15/2019 MnDOT Agreement 4 1034017 2.2 Albertville and Otsego. The Cities will: 2.2.1 Allow MnDOT access to 701h Street and 80°i Street, for construction and monitoring of each of the test sections developed. 2.2.2 Provide and maintain for the pavement markings on 70th Street and 80t1i Street per their standards. 2. Terms of Payment 2.1 This agreement between the cities of Albertville and Otsego, and MnDOT is a no -cost agreement. 3. Authorized Representatives 3.1 Each party's Authorized Representative is responsible for administering this Agreement and is authorized to give and receive any notice required or permitted under this Agreement. 3.2 State's Authorized Representative is: Name: Jerry Geib, P.E. (or his/her successor) Title: Research Operations Engineer MnDOT: MnDOT Office of Materials and Road Research Street Address: 1400 Gervais Avenue City State Zip: Maplewood, MN 55109 Telephone: (651)366-5496 Email ierrygeib(2wstate.m11.us 3.3 Albertville City Aut/ prized Re resentativeis: Name: /G-'f�6 10 d1 (or his/her successor) Title:Ct , �GtMini S �' �l"G✓ �'� Billing Address:s-, err, City State Zip: / / {a, Telephone: 76,3 _ qQ 7- 5 3 ff Lj e -K Email: ana�'s 1-'r'd& Gig. A�r�U! e -M,4• U -,f 3.4 Otsego City Authorized Representative is: Name: (or his/her successor) Title: Billing Address: City State Zip: Telephone: Email: 4. Liability: Each party is solely responsible for its own acts or omissions associated with the maintenance operations covered by this Agreement. The liability of the parties is governed by Minnesota Statutes §3.736 and other applicable law. 2 Partnership Agreement Rev. 04/1.5/2019 MnDOT Agreement # 1034017 Audit: Under Minnesota Statutes §I6C.05, subdivision 5, the books, records, documents and accounting procedures and practices relevant to this Agreement are subject to examination by State and the Legislative Auditor for a minimum of six years. Jurisdiction and 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 Ramsey County, Minnesota. Government Data Practices: The parties must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data provided by under this agreement, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the parties under this agreement. The civil remedies of Minn. Stat. § 13.08 apply to the release of the data referred to in this clause by either of the parties. 8. Assignment and Amendments 8.1 Assignment. Neither party may assign nor transfer any rights or obligations under this Agreement without the prior consent of the other party and a fully executed Assignment Agreement, executed and approved by the same parties who executed and approved this Agreement, or their successors in office. 8.2 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 this original Agreement, or their successors in office. 9. Waiver; Contract Complete 9.1 Waiver. If a party fails to enforce any provision of this contract that failure does not waive the provision or the party's right to subsequently enforce it. 9.2 Contract Complete. This contract contains all negotiations and agreements between the parties. No other understanding regarding this contract, whether written or oral, may be used to bind either party. 10. Termination: This Agreement may be terminated by either party, with or without cause, upon 30 days written notice to the other party. 11. Additional Provisions: None [THE REMAINDER OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK.] Partnership Agreement Rev. 04/15/2019 City of Albertville certifies that the appropriate person(s) have executed the agreement as required by applicable articles, bylaws, resolutions or ordinances. By: Titl � Date� City of Otsego certifies that the appropriate person(s) have executed the agreement as required by applicable articles, bylaws, resolutions or ordinances. By: Title: Date Partnership Agreement Rev. 04/15/2019 MnDOT Agreement # 1034017 MnDOT Representative: By: Title: Division Director Date Date 4 COMMISSIONER OF ADMINISTRATION: