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CR 98-166 Approve Hennepin County Traffic Control Signal Maintenance AgreementOctober 1, 1998 Proposed Action. Primary Issues to Consider. Supporting Information. T Y 0 K Council Report 98 -166 Approve Hennepin County Traffic Control Signal Maintenance Agreement Staff recommends adoption of the following motion: Move that Council authorize the Mayor and City Manager to sign an agreement with Hennepin County for maintenance of traffic control signal systems. Overview. Hennepin County traffic signal personnel have assisted the city with traffic signal maintenance on city- owned signals on occasion. Hennepin County is now requesting that the procedures and conditions of their assistance be formalized in this agreement. The agreement does not require the city to use Hennepin County for signal maintenance — it just defines the terms and conditions if we request their assistance. Staff has reviewed the agreement and finds it acceptable. Does the agreement impact the city's ability to maintain its signals? No. City traffic division employees are able to maintain our signals and if we require assistance or specialized equipment we fully expect to receive support from Hennepin County, as we have in the past. • Hennepin Count Agreement No. PW 16 -01 -98 Steven J. Stadler, Public Works Director AGREEMENT, Made and entered into this day of , 1998, 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: AGREEMENT FOR MAINTENANCE OF TRAFFIC CONTROL SIGNAL SYSTEMS Agreement No. PW 16 -01 -98 City of Hopkins County of Hennepin 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: 1 I Subject to the provisions and exceptions stated hereinafter, the County agrees to maintain traffic control signal systems located exclusively on municipal street systems within the boundaries of the City and under the jurisdiction of the City. 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 part 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. The City shall provide the County with a complete list of the location of all the traffic control signal systems which the City desires to be covered under the terms and conditions of this Agreement. 4v\d,, 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. V VI Agreement No. 16 -01 -98 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 vehicle 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. 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. (3) (5) 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 will be maintained by the County in the same manner described herein for the existing signal systems provided that prior to advertising for bids, the new signal installations are reviewed and approved by the County and meet the minimum standards established by the Minnesota Department of Transportation. Any new controllers installed in existing signal systems will be maintained by the County provided the controllers are reviewed and approved by the County prior to installation. 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. 3 IX Agreement No. 16 -01 -98 All costs incurred by the County in conjunction with the maintenance 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 Agreement. (2) Fringe Benefits - A percentage rate multiplied by Item 1. These costs cover insurance, retirement, sick leave, vacation, etc. 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 of Items 1, 2 and 3 above. These costs include indirect overhead costs such as occupancy, purchasing, personnel, finance, communication services, data processing, and administrative services. 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. Item 2 Item 3 Item 4 46% (approximate) 15% (approximate) 15% (approximate) Agreement No. 16 -01 -98 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. For estimating purposes only, the following percentage rates represent an approximation of the percentage rates applicable to Items 2 through 4 above: 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. X 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 subject to examination by the City upon request. XI 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 any claim of whatsoever character which may or 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. 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. XII 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 may or 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 may or 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 City. XIII 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 his 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 his designated representative shall manage this Agreement on behalf of the City and serve as liaison between the City and the County. XIV Agreement No. 16 -01 -98 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. XV XVI Agreement No. 16 -01 -98 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. The provisions of Minnesota Statute 181.59 and of any applicable local ordinance relating to civil rights and discrimination and the Affirmative Action Policy statement of Hennepin County shall be considered a part of this Agreement as though fully set forth herein. This Agreement may be cancelled with or without cause by either party upon 60 days' written notice. 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. (Seal) CITY OF HOPKINS By: Mayor Date: And: Manager Date: COUNTY OF HENNEPIN ATTEST: By By Deputy /Clerk of the County Board Chair of its County Board Date: Date: APPRO D AS TO FORM: And Associate/Deputy /County Administrator By: P` -- Date: Date: And: Assistant County Administrator, Public Service and County Engineer Date: APPROVED AS TO EXECUTION: RECOMMENDED FOR APPROVAL By By Assistant County Attorney Director, Transportation Department Date: Date: