2022-12 CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
DATE: February 14, 2022 RESOLUTION NO: 2022-12
MOTION BY: McDonald SECONDED BY: Schubert
A RESOLUTION APPROVING A MAINTENANCE AGREEMENT AND
WORK ORDER WITH MNDOT FOR THE INTERIM
TRUNK HIGHWAY 5/MINNEWASHTA PARKWAY TRAFFIC SIGNAL SYSTEM
WHEREAS, the City’s Minnewashta Parkway Improvement project (Project No. 20-02)
installed a temporary traffic signal at Trunk Highway 5 (TH5) and Minnewashta Parkway; and
WHEREAS, the State has agreed to allow the temporary signal to remain in an interim
basis until the future TH5 Improvement project reconstructs the intersection; and
WHEREAS, there are additional improvements needed to be performed by the City and
State in order to keep the signal in place; and
WHEREAS, there are maintenance responsibilities required to be defined while the signal
system is in place during the interim period.
NOW, THEREFORE, BE IT RESOLVED that the Chanhassen City Council hereby
enters into MnDOT Agreement No. 1049110 and Work Order No. 1028123W01 with the State of
Minnesota, Department of Transportation for operation and maintenance of the traffic control signal
system on Trunk Highway 5 at Minnewashta Parkway; and
BE IT FURTHER RESOLVED that the Mayor and City Manager are authorized to
execute the Agreement and any amendments to the Agreement.
PASSED AND ADOPTED by the Chanhassen City Council this 14th day of February, 2022.
ATTEST:
Kim Meuwissen, City Clerk Elise Ryan, Mayor
YES NO ABSENT
Ryan
McDonald
Campion
Rehm
Schubert
DocuSign Envelope ID: 9E1DD693-0751-4206-9F4E-37818CFD07E8
MnDOT Contract Number: 1028123W01
Receivable Work Order – Lump Sum 1
Updated 02/11/2020
STATE OF MINNESOTA
WORK ORDER UNDER
MASTER PARTNERSHIP CONTRACT
State Project (SP) Number: 1002-124 and 194-111-002
Trunk Highway (TH) Number: 5
Project Description: State to furnish a video detection system, PTZ camera, and modem for interim traffic control signal
on TH 5 at Minnewashta Parkway.
This Work Order Contract is issued under the authority of the State of Minnesota, Department of Transportation
(MnDOT) Master Partnership Contract No. 1028123 between the state of Minnesota acting through its Commissioner of
Transportation (“State”) and City of Chanhassen, a political subdivision of the State of Minnesota (“Local Government”)
and is subject to all applicable provisions and covenants of that Contract which are incorporated herein by reference.
Work Order Contract
1. Term of Work Order Contract; Incorporation of Exhibits
1.1. Effective date: This Work Order Contract will be effective on the date that all required signatures are
obtained by State, pursuant to Minnesota Statutes Section 16C.05, subdivision 2. The Local Government
must not begin work under this Contract until ALL required signatures have been obtained and the Local
Government has been notified in writing to begin such work by the State’s Authorized Representative.
1.2. Expiration date: This Work Order Contract will expire on 06/30/2022, or when all obligations have been
satisfactorily fulfilled, whichever occurs first.
1.3. Exhibits: Exhibit A is attached and incorporated into this Work Order Contract.
2. Nature of Work
2.1. X the blanks below to indicate the nature of the work to be performed. See Article 3. Services Requiring
a Work Order Contract, of the Master Partnership Contract for applicable definitions.
[ ] Contract Administration
[ ] Emergency Services
[ ] Professional/Technical Services
[ X ] Roadway Maintenance
3. Scope of Work
3.1. The State will perform services under this Work Order summarized generally as follows: The State will
furnish a video detection system, PTZ camera and modem, (“State Furnished Materials”) according to
the Project Plans, to operate the interim traffic control signal system covered under this Work Order.
4. Items provided or completed by the Parties
4.1. The following will be provided or completed by the Local Government: Lump sum payment for State
Furnished Materials. Coordinate with contractor to pick up State Furnished Materials at MnDOT’s
Electrical Services Section office located at 6000 Minnehaha Avenue, St. Paul, MN.
4.2. The following will be provided or completed by MnDOT: State Furnished Materials as described in
Exhibit A.
5. Consideration of Payment
5.1. The Local Government will pay for all services performed by the State on a Lump Sum basis.
5.2. The Local Government’s obligation for all compensation and reimbursements to the State is $29,494.80.
6. Terms of Payment
DocuSign Envelope ID: 9E1DD693-0751-4206-9F4E-37818CFD07E8
MnDOT Contract Number: 1028123W01
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6.1. The Local Government will pay the State upon execution of this work order.
6.2. Per Section 7.4 of the Master Partnership Contract;
6.2.1. The Local Government will pay the State as specified in this work order and will make prompt
payment in accordance with Minnesota law.
6.2.2. Payment by the Local Government.
i. The Local Government will make payment to the order of the Commissioner of
Transportation.
ii. IMPORTANT NOTE: Payment must reference the MnDOT Contract and Work Order Number
shown on the face page of this contract and the MnDOT Invoice Number shown on the
invoice.
iii. Remit payment to the address below:
MnDOT
Attn: Cash Accounting
RE: MnDOT Contract Number 1028123W01 and Invoice Number: #####
(see note above)
Mail Stop 215
395 John Ireland Blvd
St. Paul, MN 55155
7. Authorized Representatives
7.1. The State’s Project Manager, for this Work Order is:
Name/Title: Greg Kern, Metropolitan District Traffic Engineer, or successor
MnDOT - Metro District
Street Address: 1500 W County Road B-2
City State Zip: Roseville, MN 55113
Telephone: 651-234-7877
Email: gregory.kern@state.mn.us
7.2. The State’s Project Manager is responsible for overseeing the State’s fulfillment of its obligations under
this Work Order, reviewing, providing and approving invoices, resolving disputes related to this Work
Order, and for giving or receiving any notices required or permitted by this Work Order.
7.3. The Local Government’s Project Manager for this Work Order is:
Name/Title: Charles Howley, Public Works Director/City Engineer, or successor
Name of Gov’t: City of Chanhassen
Street Address: 7700 Market Boulevard
City State Zip: Chanhassen, MN 55317
Telephone: 952-227-1169
Email: chowley@ci.chanhassen.mn.us
7.4. The Local Government’s Project Manager for this Work Order is responsible for overseeing the Local
Government’s fulfillment of its obligations under this Work Order, reviewing and approving invoices,
resolving disputes related to this Work Order, and for giving or receiving any notices required or
permitted by this Work Order.
8. Termination
8.1. Termination by the State or Local Government. The Local Government, the State or the Commissioner
of Administration may cancel this Work Order at any time, with or without cause, upon 30 days’ written
notice to the other Party. Upon termination, the State will be entitled to payment, determined on a pro
rata basis, for services satisfactorily performed.
DocuSign Envelope ID: 9E1DD693-0751-4206-9F4E-37818CFD07E8
MnDOT Contract Number: 1028123W01
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8.2. Termination for Insufficient Funding. If the State is the Local Government, The State may immediately
terminate this Work Order 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 Local Government. The State is not
obligated to pay for any services that are provided after notice and effective date of termination.
However, the Local Government 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 the Work Order is terminated because of the decision of the Minnesota Legislature, or other
funding source, not to appropriate funds. The State must provide the Local Government notice of the
lack of funding within a reasonable time of the State’s receiving that notice.
9. Additional Provisions
9.1. None
[THE REMAINDER OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK.]
DocuSign Envelope ID: 9E1DD693-0751-4206-9F4E-37818CFD07E8
MnDOT Contract Number: 1028123W01
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LOCAL GOVERNMENT
The Local Government certifies that the appropriate
person(s) have executed the contract on behalf of the
Local Government as required by applicable articles,
bylaws, resolutions or ordinances.
By:
Title:
Date:
By:
Title:
Date:
COMMISSIONER OF TRANSPORTATION
By:
Title: District Engineer or Assistant District Engineer
Date:
COMMISSIONER OF ADMINISTRATION
By:
Date:
DocuSign Envelope ID: 9E1DD693-0751-4206-9F4E-37818CFD07E8
2/15/2022
Mayor
City Manager
2/15/2022
MnDOT Contract Number: 1028123W01
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EXHIBIT A – STATE FURNISHED MATERIALS
Item Quantity Cost per item Item Cost
Gridsmart video detection 1 $22,129.63 $22,129.63
PTZ Camera 1 $4,635.17 $4,635.17
Modem rental-Lump sum payment
for duration of interim traffic
control.
1 $2,730.00 $2,730.00
Total $29,494.80
[THE BALANCE OF THIS PAGE IS INTENTIONALLY LEFT BLANK.]
DocuSign Envelope ID: 9E1DD693-0751-4206-9F4E-37818CFD07E8
MnDOT Contract No.: 1049110
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2 Party Signal Reimbursable Maintenance (Cooperative Agreements)
STATE OF MINNESOTA
DEPARTMENT OF TRANSPORTATION
AND
CITY OF CHANHASSEN
TRAFFIC CONTROL SIGNAL
MAINTENANCE AGREEMENT
Control Section (C.S.): 1002
State Project Number (S.P.): 1002-124
State Aid Project Number (S.A.P.): 194-111-002
Trunk Highway Number (T.H.): 5
Signal System ID No.: 4021456
This Agreement is between the State of Minnesota, acting through its Commissioner of Transportation ("State") and
the City of Chanhassen acting through its City Council ("City").
Recitals
1. The City and the State wish to define their respective operation and maintenance responsibilities for the
existing , interim traffic control signal with signal pole mounted luminaires, Accessible Pedestrian Signals
("APS"), and signing ("Signal System"), and Emergency Vehicle Pre-emption System ("EVP System"), on Trunk
Highway No. 5 at Minnewashta Parkway; in the City of Chanhassen, Carver County, Minnesota; and
2. The City and State recognize the Signal System is in an interim state until the planned 2025 Carver County
led two-to-four lane expansion of Trunk Highway No. 5 through this intersection; and
3. The City's operation and major maintenance responsibilities covered under this Agreement will be
performed by the State on a reimbursable basis; and
4. Minnesota Statutes § 161.20, subdivision 2 authorizes the Commissioner of Transportation to make
arrangements with and cooperate with any governmental authority for the purposes of constructing,
maintaining, and improving the trunk highway system.
Agreement
1. Term of Agreement; Survival of Terms
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 all obligations have been satisfactorily fulfilled, replaced
by a subsequent agreement, or terminated by both parties.
1.3. Survival of Terms. 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 or termination of this Agreement,
including, without limitation, the following clauses: 5. Liability; Worker Compensation Claims; Insurance; 8.
State Audits; 8. Government Data Practices; 9. Governing Law; Jurisdiction; Venue; and 11. Force Majeure.
DocuSign Envelope ID: 9E1DD693-0751-4206-9F4E-37818CFD07E8
MnDOT Contract No.: 1049110
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2 Party Signal Reimbursable Maintenance (Cooperative Agreements)
The terms and conditions set forth in Article 2. Signal System and EVP System Operation and Maintenance
may be amended by another agreement between the parties.
2. Signal System and EVP System Operation and Maintenance
Operation and maintenance responsibilities will be as follows for the existing Signal System and EVP System on
T.H. 5 at Minnewashta Parkway.
2.1. City Responsibilities.
A. Power. The City will be responsible for the hook-up cost and application to secure an adequate power
supply to the service pad or pole and will pay all monthly electrical service expenses necessary to
operate the Signal System, EVP System, and Interconnect.
B. Minor Signal System Maintenance. The City will provide for the following, without cost to the State.
i. Maintain the signal pole mounted Light Emitting Diode ("LED") luminaires, including replacing the
luminaires when necessary. The LED luminaire must be replaced when it fails or when light levels
drop below recommended American Association of State Highway and Transportation Officials
("AASHTO") levels for the installation.
ii. Replace the Signal System LED indications. Replacing LED indications consists of replacing each LED
indication when it reaches end of life per the MnDOT Traffic Engineering Manual or fails or no
longer meets Institute of Traffic Engineers ("ITE") standards for light output.
iii. Clean the Signal System controller cabinet and service cabinet exteriors.
iv. Paint and maintain the pedestrian crosswalk markings on the Minnewashta Parkway approach at
the T.H. 5 intersection.
2.2. City Responsibilities Performed by the State on a Reimbursable Basis. Operation and maintenance
activities covered below are the responsibility of the City and will be performed by the State on a
reimbursable basis. The State will invoice the City for the actual costs incurred in performing said
operation and maintenance activities.
A. Interconnect; Timing; Other Maintenance. The State will maintain the Interconnect and signing, and
perform all other Signal System, APS, and signal pole luminaire circuit maintenance. All Signal System
timing will be determined by the State.
B. EVP System Operation. The EVP System will be installed, operated, maintained, and removed according
to the following conditions and requirements:
i. All maintenance of the EVP System will be done by State forces.
ii. Emitter units may be installed only on authorized emergency vehicles, as defined in Minnesota
Statutes § 169.011, Subdivision 3. Authorized emergency vehicles may use emitter units only when
responding to an emergency. The City will provide the State's District Engineer or their designated
representative a list of all vehicles with emitter units, if requested by the State.
iii. Malfunction of the EVP System must be reported to the State immediately.
iv. In the event the EVP System or its components are, in the opinion of the State, being misused or
the conditions set forth in Paragraph ii. above are violated, and such misuse or violation continues
DocuSign Envelope ID: 9E1DD693-0751-4206-9F4E-37818CFD07E8
MnDOT Contract No.: 1049110
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2 Party Signal Reimbursable Maintenance (Cooperative Agreements)
after the City receives written notice from the State, the State may remove the EVP System. Upon
removal of the EVP System pursuant to this Paragraph, all of its parts and components become the
property of the State.
v. All timing of the EVP System will be determined by the State.
2.3. Termination of Operation and Maintenance Terms. Each party may terminate the operation and
maintenance terms covered in Section 2.2 by providing 30 days' notice to the other party. The City's
termination requires a resolution of the City Council and the State's termination requires a letter from the
State's District Engineer. Upon termination, the City will be responsible for removal of the signal system
unless the termination is based on a subsequent improvement project that installs a modified temporary
or permanent signal system.
2.4. Right-of-Way Access. Each party authorizes the other party to enter upon their respective public
right-of-way to perform the maintenance activities described in this Agreement.
3. 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.
3.1. 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) 234-7877
E-Mail: gregory.kern@state.mn.us
3.2. The City's Authorized Representative will be:
Name, Title: Charles Howley, Public Works Director/City Engineer (or successor)
Address: 7700 Market Boulevard, Chanhassen, MN 55317
Telephone: (952) 227-1169
E-Mail: chowley@ci.chanhassen.mn.us
4. Assignment; Amendments; Waiver; Contract Complete
4.1. 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.
4.2. 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.
4.3. 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.
4.4. 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.
DocuSign Envelope ID: 9E1DD693-0751-4206-9F4E-37818CFD07E8
MnDOT Contract No.: 1049110
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2 Party Signal Reimbursable Maintenance (Cooperative Agreements)
5. Liability; Worker Compensation Claims; Insurance
5.1. Each party is responsible for its own acts, omissions, and the results thereof to the extent authorized by
law and will not be responsible for the acts, omissions of others, and the results thereof. Minnesota
Statutes § 3.736 and other applicable law govern liability of the State. Minnesota Statutes Chapter 466 and
other applicable law govern liability of the City.
5.2. Each party is responsible for its own employees for any claims arising under the Workers Compensation
Act.
6. Nondiscrimination
Provisions of Minnesota Statutes § 181.59 and of any applicable law relating to civil rights and discrimination are
considered part of this Agreement.
7. State Audits
Under Minnesota Statutes § 16C.05, subdivision 5, the City's books, records, documents, 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.
8. 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 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.
9. 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.
10. Termination by Mutual Agreement
This Agreement may be terminated by mutual agreement of the parties.
11. 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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DocuSign Envelope ID: 9E1DD693-0751-4206-9F4E-37818CFD07E8
MnDOT Contract No.: 1049110
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2 Party Signal Reimbursable Maintenance (Cooperative Agreements)
CITY OF CHANHASSEN
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 RESOLUTION APPROVING THE AGREEMENT AND AUTHORIZING ITS EXECUTION.
DocuSign Envelope ID: 9E1DD693-0751-4206-9F4E-37818CFD07E8
2/15/2022
Mayor
City Manager
2/15/2022