CR 01-195 Hennepin County Agreement for Maintenance of Traffic Control Signal Systems
CITY OF
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HOPKINS
November 30,2001
Council Report 2001-195
Approve Hennepin County Agreement for Maintenance of Traffic
Control Signal Systems
Proposed Action.
Staff recommends adoption of the following motion: Move that Council approve
traffic sional control system maintenance aoreement between the City of Hopkins
and Hennepin County.
Overview.
This agreement is necessary in order for the city to request assistance from
Hennepin County staff for maintenance on any or our traffic control systems.
The Hopkins Public Works Department, Traffic Division personnel will continue to
maintain our signal systems. We would only request County assistance if
needed in order to better respond to an emergency, non-availability of personnel,
or for trouble-shooting assistance. There is no cost to executing this agreement.
The only cost is if we request and receive maintenance assistance. The City
. Attorney has reviewed and approved the agreement language.
Primary Issues to Consider.
. Agreement terms
The term of the agreement is five (5) years and either party may cancel the
agreement upon 60 days written notice.
Supportino information.
. Proposed agreement
SteV~OrkS Director
Financial Impact: $...Q Budgeted: Y/N n/a
Related Documents (CIP, ERP, etc.):
Notes:
Source: n/a
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Agreement N o.PW 16-01-98
City of Hopkins
County of Hennepin
AGREEMENT FORNUUNTENANCEOF
TRAFFIC CONTROL SIGNAL SYSTEMS
AGREEMENT, Made and entered into this day of ,2001,
by and between the County of Hennepin, a body politic and corporate under the laws of the State
of Minnesota, hereinafter referred to as the "County" and the City of Hopkins, a body politic and
corporate under the laws of the State of Minnesota, hereinafter referred to as the "City".
WITNESSETH:
WHEREAS, the City has requested that the County provide maintenance of traffic control.
signal systems within the limits of the. City; and
WHEREAS, the County does provide for the maintenance of traffic control signal system for
other municipalities within the County under other agreements on a reimbursable basis; and
.
WHEREAS, the City has indicated its willingness to reimburse the County for all costs
incurred by the County in the performance of such services as provided for herein; and
WHEREAS, it is contemplated that said work be carried out by the parties hereto under the
provisions of Minnesota Statute, Section 471.59.
NOW THEREFORE, IT IS HEREBY AGREED:
I
Subject to the provisions and exceptions stated hereinafter, the County agrees to maintain the
traffic control signal systems at the following intersections, all of which are within the boundaries
of the City and are under the jurisdiction of the City:
. 11th Avenue S. and 5th Street S.
. Minnetonka Mills and 5th Avenue S.
. 17th Avenue S. and Main Street
. 14th Avenue S. and Main Street
. . lih Avenue S. and Main Street
. 11 th Avenue S. and Main Street
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Agreement No. 16-01-98
. 10th Avenue S. and Main Street
. 9th Avenue S. and Main Street
. 8th Avenue S. and Main Street
. 7th Avenue S. and Main Street
. 5th Avenue S. and Main Street
Specifically excluded from this Agreement are traffic control signal systems which are, or
may become, located at County Road or State Trunk Highway intersections within the boundaries
of the City, and such traffic control signal systems which are a pap: of traffic control systems
wherein the maintenance of the primary or governing control equipment is the responsibility of
those other than the City or the County. The purpose of this provision is to expressly exclude such
traffic control signal systems which, if included hereunder, would create a divided maintenance
responsibility.
II
All engineering services required for the performance of work required hereunder will be
provided by the County.
III
The County will respond to requests for assistance subject to the limitations imposed by
availability of manpower, equipment, and replacement parts and the condition of the County Road
System. In all cases County forces will endeavor to retain minimum traffic signal control at'a
specific intersection.
Each maintenance operation performed by the County shall be individually and specifically
requested by the City to correct a malfunction or failure at a specific traffic control signal system.
Malfunctions shall be screened by City Public Works personnel prior to making a request for
assistance. The County will not be responsible for locating signal systems which require
maintenance or repairs. Requests for assistance shall come from authorized personnel of the
Department of Public Works for the City. A list of authorized personnel shall be furnished to the
County by the City.
IV
The County, at its sole discretion, may refuse to install County owned spare equipment in any
City owned traffic signal system, if it is determined by the County that such City signal is not wired
to preclude, or minimize, the possibility of damage to the County owned spare equipment.
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Agreement No. 16-01-98
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The County will not stock replacement parts which are not common to equipment in use in
the County signal systems. It shall be the responsibility of the City to supply the County with such
parts necessary to correct failures of this "special" equipment. Some specific examples of "special"
equipment are system master controller, outdated local controllers, and emergency yehicle
preemption equipment.
Maintenance of system master controller, individual coordination equipment, emergency
vehicle preemption equipment, interconnect cable and conduit shall not receive a higher priority of
. accomplishment than maintenance necessary to keep traffic signal systems operating.
VI
All trenching, tunneling, jacking or any excavation required whatsoever in conjunction with
the maintenance or repair of signal systems included in this Agreement, and all cleaning, relamping,
painting, and provisions for electric power will be accomplished by the City.
VII
Subject to exclusion under Section I paragraph 2, new traffic control signal systems installed
by the City at City street intersections subsequent to the execution of this Agreement maybe
maintained by the County in the same manner described herein for the existing signal systems
provided that the new signal installations are reviewed and approved by the County and meet the
minimum standards established by the Minnesota Department of Transportation.
The City's Director of Public Works, in a certified letter to the County's Transportation
Department Director, shall provide the County with the location of new traffic control signal
systems which the City desires to be covered under the terms and conditions of this Agreement.
The County, at its sole discretion, shall have the right not to agree to add traffic control signals to
this Agreement.
The City shall provide the County with as-built plans of all new traffic control signals added
to this Agreement after execution.
Any new controllers which may be installed subsequent to this Agreement in existing signal
systems maintained by the County under the terms of this Agreement may be maintained by the
County provided the controllers are reviewed and approved by the County prior to installation.
Upon approval by the County to maintain any new traffic control signals added under this
Agreement they shall be included throughout the remaining term of this Agreement as though fully
set forth herein.
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Agreement No. 16-01-98
VIII
The County may discontinue the maintenance of any traffic control signal system included in
this Agreement if the County determines that continued maintenance is no longer feasible due to
excessively worn or obsolete equipment. Such termination of maintenance shall be effective sixty
(60) days after the date of written notice to the City Director of Public Works of the deficiency of
such traffic control signal system unless such deficiency is corrected by the City.
IX
Subject to the provisions and exceptions stated herein, the County agrees to perform conflict
monitor testing of the City owned traffic signals listed under Section I of this Agreement. Said
testing will be done when specifically requested by the City and in conjunction with the County's
annual conflict monitor testing of County traffic signals.
X
All costs incurred by the County in conjunction with the maintenance and testing services
provided for herein shall be reimbursed by the City. Said costs shall be computed in accordance
with the following schedule:
(1) Direct Labor & Supervision - Direct salary costs at the actual rate paid non-supervisory and
first line supervisory personnel for the performance of the work and services required under
this Agreem.ent.
(2) Fringe Benefits - A percentage rate multiplied by Item 1. These costs cover insurance,
retirement, sick leave, vacation, etc.
(3) Indirect Departmental Labor - A percentage rate multiplied by Item 1. These are costs of an
indirect nature performed by additional departmental employees such as clerical staff, middle
and top management, and other supportive staff.
(4) Indirect Costs - A percentage rate multiplied by the summation ofItems 1,2 and 3 above.
These costs include indirect overhead costs such as occupancy, purchasing, personnel,
finance, communication services, data processing, and administrative services.
(5) Equipment - Actual cost incurred for rental of equipment used in performance of the work or
services described herein.
(6) Materials.: Actual cost incurred for all materials or commodities used or incorporated in the
work or services described herein.
The percentage rates applicable to the indirect charges (Fringe benefits, Indirect Departmental
Labor, and Indirect Costs) are based upon historical expenditures and are adjusted on an annual
basis.
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Agreement No. 16-01-98
For estimating purposes only, the following percentage rates represent an approximation of
the percentage rates applicable to Items 2 through 4 above:
Item 2 44% (approximate)
Item 3 8% (approximate)
Item 4 7% (approximate)
Statements claiming reimbursement hereunder will be submitted quarterly by the County and
will contain thereon a certification by responsible officials of the County that all items therein are
true and correct and are for work and services performed under the terms of this Agreement. Said
statements shall be due and payable within forty-five (45) days after submittal.
All payments to the County must be postmarked by the date due or a late penalty of one (1)
percent per month, or fraction thereof, on the unpaid balance will be charged to the City. The City
shall pay the amount due as stated on the invoice; notwithstanding any dispute of such amount.
Should a disputed amount be resolved in favor of the City; the County shall reimburse the disputed
amount plus daily interest thereon calculated from the date such disputed amount was received by
the County. Daily interest shall be at the rate of one (1 %) percent per month on the disputed
amount.
XI
The County shall keep such detailed records and accounts that shall enable them to submit
detailed statements showing the amounts due the County hereunder. All records kept by the County
with respect to the maintenance required herein shall be subj ect to examination by the City upon
request.
XII
The City agrees to defend, indemnify, and hold harmless the County, its officials, officers,
agents, volunteers, and employees from any liability, claims, causes of action, judgements,
damages, losses, costs, or expenses, including reasonable attorneys' fees resulting directly or
indirectly from any action of whatsoever nature or character arising out of or by reason of the
performance of the work provided for herein and performed by the County, and further agrees to
defend at its own sole cost and expense any action or proceeding commenced for the purpose of
asserting apy claim of whatsoever character which mayor might arise as a result of work performed
by the County hereunder.
The County shall be held harmless from any action for breach of warranty or breach of
contract which may be or might be claimed because of work performed hereunder by the County at
the request of the City.
The City agrees that the County is furnishing the traffic signal maintenance set forth herein
without any express or implied warranties, including but not in any manner limited to, the accuracy
and completeness of said traffic signal maintenance.
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Agreement No. 16-01-98
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The County's sole liability and the City's exclusive remedy for any substantial defect in the
traffic signal maintenance performed by the County shall be the right to terminate this Agreement.
XIII
It is further agreed that any and all employees of the City and all other persons engaged by
the City in the performance of any work or services required or provided for herein to be performed
by the City shall not be considered employees of the County, and that any and all claims that mayor
might arise under the Workers' Compensation Act or the Minnesota Economic Security ,Law on
behalf of said employees while so engaged and any and all claims made by any third parties as a
consequence of any act or omission on the part of said employees while so engaged on any of the
work or services provided to be rendered herein shall in no way be the obligation or responsibility
of the CoUnty.
Also, any and all employees of the County and all other persons engaged by the County in the
performance of any work or services required or provided for herein to be performed by the County
shall not be considered employees of the City, and that any and all claims that mayor might arise
under the Workers' Compensation Act or the Minnesota Economic Security Law on behalf of said
employees while so engaged and any and all claims made by any third parties as a consequence of
any actor omission on the part of said employees while so engaged ort any of the work or services
provided to be rendered herein shall in no way be the obligation or responsibility of the City.
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XIV.
In order to coordinate the services of the County with the activities of the City so as to
accomplish the purposes of this Agreement, the Hennepin County Engineer or a designated
representative shall manage this Agreement on behalf of the County and serve as liaison between
the County and the City.
In order to coordinate the services of the City with the activities of the County so as to
accomplish the purposes of this Agreement, the City's Director of Public Works or a designated
representative shall manage this Agreement on behalf of the City and serve as liaison between the
City and the County.
. XV
It is understood and agreed that the entire Agreement between the City and the County is
contained herein and that this Agreement supersedes all oral agreements and negotiations between
the City and the County relating to the subject matter hereof. All items referred to in this
Agreement are incorporated or attached and are deemed to be part of this Agreement.
Any alterations, variations, modifications, or waivers of provisions of this Agreement shall
only be valid when they have been reduced to writing as an amendment to this Agreement signed by
. the parties hereto.
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Agreement No. 16-01-98
XVI
This Agreement may be cancelled with or without cause by either party upon 60 days' written
notice.
XVII
This Agreement shall be in full force and effect upon execution of this Agreement and shall
remain in full force and effect for five (5) years from said date of execution.
XVIII
The provisions of Minnesota Statute 181.59 and of any applicable local ordinance relating to
civil rights and discrimination and the Mfrrmative Action Policy statement of Hennepin County
shall be considered a part of this Agreement as though fully set forth herein.
(This space left intentionally blank)
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Agreement No. 16-01-98
IN TESTIMONY WHEREOF, The parties hereto have caused this agreement to be executed
by their respective duly authorized officers as of the day and year first above written.
CITY OF HOPKINS
By:
Mayor
Date:
And:
Manager
Date:
COUNTY OF HENNEPIN
. ATTEST:
By:
Deputy/Clerk of the County Board
By:
Chair of its County Board
Date:
Date:
APPROVED AS TO FORM:
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BY. ,/.. rzutvUJ.
fti.istan~o.unty Attorney
C( j', .
Date: to () (
And:
Assistant/Deputy/County Administrator
Date:
And:
Assistant County Administrator, Public Works
and County Engineer
Date:
APPROVED AS TO EXECUTION:
RECOMMENDED FOR APPROVAL
.
By:
Assistant County Attorney
By:
Director, Transportation Department
Date:
Date:
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