2005-40
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CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
DATE:
April 11. 2005
RESOLUTION NO:
2005-40
MOTION BY:
Peterson
SECONDED BY:
Labatt
A RESOLUTION APPROVING SIGNAL AGREEMENT NO. 87575M
FOR THE TH 101 & PIONEER TRAIL INTERSECTION
PW053G
BE IT RESOLVED that the City of Chanhassen enter into an agreement with the State of Minnesota,
Department of Transportation for the following purposes, to wit:
To provide maintenance and electrical energy for the new traffic control signal with street lights,
emergency vehicle pre-emption, and signing on Trunk Highway 101 at CSAH 14 (Pioneer Trail) in
accordance with the terms and conditions set forth and contained in Agreement No. 87575M, a copy of
which was before the Council.
BE IT FURTHER RESOLVED that the proper City officers be and hereby are authorized to execute
such Agreement and any amendments, and thereby assume for and on behalf of the City all of the
contractual obligations contained therein.
Passed and adopted by the Chanhassen City Council this 11th day of April, 2005.
ATTEST:
~ ~ ~J~
Thomas A. Furlong, Mayor ()
NO ABSENT
_1~L\M
Todd Gerhardt, City Manager
YES
Furlong
Labatt
Peterson
Tjomhom
None
Lundquist
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MINNESOTA TRANSPORTATION DEPARTMENT
TRAFFIC CONTROL SIGNAL
AGREEMENT NO. 8?575M
BETWEEN
THE STATE OF MINNESOTA, DEPARTMENT OF TRANSPORTATION
MD
THE CITY OF CHMHASSEN
TO
Provide Maintenance and Electrical Energy for the new Traffic
Control Signal with Street Lights, Emergency Vehicle Pre-
emption, and Signing on Trunk Highway 101 at CSAH 14 (Pioneer
Trail) in Chanhassen, Carver County, Minnesota.
S.P. 1009-14
Prepared by Metropolitan District Traffic Engineering
ESTIMATED AMOUNT RECEIVABLE
AMOUNT ENCUMBERED
None
None
Otherwise Covered
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PAR IES
THIS AGREEMENT is ente ed into by the Minnesota
Department of Transportation, (state), and the City of
Chanhassen, (City).
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REC~TALS
Minnesota Statutes Section ~61.20 authorizes the
Commissioner of Transportation to enter into agreements with any
governmental authority for the p~rposes of constructing,
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~ maintaining and improving the Tr~nk Highway system.
The parties have determinedl that there is justification and
it is in the public's best inter~st to install a new traffic
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control signal including street ~ights and signing (Traffic
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Control Signal), on Trunk Highway 101 at CSAH 14 (Pioneer
Trail) . I
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The City requests and the s~ate agrees to the installation
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of an Emergency Vehicle pre-emptlion System, (EVP System) as a
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part of the new Traffic Control ~ignal installation.
It is considered in the PU~liC'S best interest for the
State to provide a new cabinet ~nd control equipment (State
Furnished Materials) to operate Ithe new Traffic Control Signal.
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The City and the State will participate in the maintenance
and operation of the new Traffic Control Signal and EVP System.
CONTRACT
1. The State will prepare the necessary plan,
specifications and proposal, (Preliminary Engineering). The
State will also perform all necessary construction inspection,
(Construction Engineering) .
2. The State, with its own resources or by contract, will
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install a new Traffic Control Signal and EVP System on Trunk
Highway 101 at CSAH 14 (Pioneer Trail) pursuant to the plans and
specifications for State Project No. 1009-14. The cost
participation for the new Traffic Control Signal and EVP System
pay items (including State Furnished Materials) for this project
will be covered in Municipal Agreement No. 87582R, between
Carver County and the State.
3. The responsibility for the new Traffic Control Signal
is as follows: a) The City will, at its cost and expense:
(1) relamp the new traffic control signal;
(2) clean and paint
the new traffic control signal, cabinet, and luminaire mast arm
extensions; (3) maintain the luminaires and all their
components, including replacement of the luminaire if necessary;
4It and (4) relamp the street lights; and b) The State will, at its
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cost and expense, maintain the signing, and perform all other
traffic control signal and street light maintenance.
4. The City will be responsible for the cost and
application to secure an adequate power supply to the service
pad or pole. Upon completion of this project, the City will
thereafter pay all monthly electrical service expenses necessary
to operate the new Traffic Control Signal and EVP System.
5. The EVP System will be installed, operated,
maintained, or removed in accordance with the following
conditions and requirements:
a) All maintenance of the EVP System, will be
performed by the State.
b) Emitter units may be installed only on
authorized emergency vehicles, as defined in
Minnesota Statutes Section 169.01,
Subdivision 5. Authorized emergency
vehicles may use emitter units only when
responding to an emergency. The City will
provide the State's Metropolitan District
Engineer or his designated representative a
list of all vehicles with emitter units.
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c) Malfunction of the EVP System must be
reported to the State immediately.
d) In the event the EVP System or its
components aret in the opinion of the Statet
being misused or the conditions set forth in
Paragraph b above are violatedt and such
misuse or violation continues after the City
receives written notice from the Statet the
State may remove the EVP System. Upon
removal of the EVP System pursuant to this
Paragrapht all of its parts and components
become the property of the State.
e) All timing of the EVP System will be
determined by the State.
6. Each party will be solely responsible for its own
acts and omissionst and the results thereoft to the extent
authorized by law. The State's liability is governed by the
Minnesota Tort Claims Actt Minnesota Statutes Section 3.736.
The Cityts liability is governed by Minnesota Statutes Chapter
466. Each party will be solely responsible for its own employees
for any Workers Compensation Claims.
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7. 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.
8. If any party fails to enforce any provisions of this
Agreement, that failure does not waive the provision or its
right to enforce it.
9. This Agreement contains all negotiations and
agreements between the parties. No other understanding
regarding this Agreement, whether written or oral, may be used
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to bind either party.
10. Minnesota law governs this contract. 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 This Agreement is effective on the date the State
obtains all required signatures under Minnesota Statutes 16C.05,
Subdivision 2, and will remain in effect until terminated by
written agreement of the parties.
12. The State's obligation to perform any work, or to let
a Contract for the performance of the work, on the State Project
referenced above, is subject to the availability of funding from
tt the Minnesota Legislature or other funding source.
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CITY OF CHANHASSEN
By: ~A.~~_
Mayor --- ~-
Date: t../ - I Z - CJ~
BY:~..tJ J1-'A-
Title: L:f.; !1Qr.
1- -26<!(JS
Date:
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DEPARTMENT OF TRANSPORTATION
RECOMMENDED FOR APPROVAL:
Metropolitan District
Engineer
COMMISSIONER OF ADMINISTRATION
As delegated to Materials
Management Division
By:
Date:
DEPARTMENT OF TRANSPORTATION
By:
State Design Engineer
Date:
As to form and execution:
By:
Contract Management
Date:
87575M
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