HomeMy WebLinkAboutRES 82-006 RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE THE AGREEMENT BETWEEN HENNEPIN COUNTY AND THE CITY OF ST. ANTHONY FOR ROAD MAINTENANCE Meeting Sheet
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102616
Box: 23
Folder:-RES 1982
Document: RES 82-006 RESOLUTION AUTHORIZING THE MAYOR AND
CIN MANAGER TO EXECUTE THE AGREEMENT BETWEEN HENNEPIN
COUNTY AND THE CITY OF ST. ANTHONY FOR ROAD MAINTENANCE
1�.
RESOLUTION 82-006
A RESOLUTION AUTHORIZING THE MAYOR AND
CITY MANAGER TO EXECUTE THE AGREEMENT BETWEEN
HENNEPIN COUNTY AND THE CITY OF ST. ANTHONY
FOR ROAD MAINTENANCE
BE IT RESOLVED, that the Mayor and City Manager are authorized
to sign the- Agreement between Hennepin County and the City `
of St. Anthony for road maintenance services on behalf of
the City of St. Anthony.
Adopted this 5 day of 4_ uta r 1982 .
Mayor
i
ATTEST:
City Clerk
Reviewed for administration: � � r �, C�
City Manager
CERTIFICATION
I hereby certify that the foregoing resolution is a true
and correct copy of a resolution presented to and adopted
by the City ,Council of the C' y of St. Anthony , Minnesota,
on the ,j day of , 1982 , as
disclosed by the records of Yaid City Council in -my
possession.
`\ _' City Clerk
PW 44-10-81
City of St. Anthony
County of Hennepin
COUNTY ROAD MAINTENANCE AGREEMENT
982.bAGREEMENT, Made and entered into this (o- day of Qlvlw 1982-
by
y 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
St. Anthony, a body politic and corporate under the laws of the State of Minnesota,
hereinafter referred to as the "City".
WITNESSETH; ;
WHEREAS, Pursuant to Minnesota Statutes, Section 162.17 and 471.59, the parties
desire to enter into an agreement relating to the maintenance of County State Aid
Highways within and adjacent to the corporate limits of the City upon the terms and
conditions hereinafter set forth.
NOW, THEREFORE, The parties do agree as follows:
I
The City will , during the term of this agreement, maintain as hereinafter
provided, those portions of County State Aid Highways within and adjacent to the
corporate limits of the City listed as follows;
CSAH 27 - between St. Anthony Boulevard and 37th Avenue N.E. (1.18 miles).
CSAH 136 - between CSAH 153 and 37th Avenue N.E. (1.26 miles) .
CSAH 153 - between Stinson Boulevard and CSAH 136 (0.53 miles).
II
The maintenance to be performed by the City shall consist of the following:
A. Keep the aforementioned County State Aid Highways reasonably free and
clear from ice and snow, and undertake proper sanding or salting when
necessary.
B. Sweep, flush, and dispose of any debris from the aforementioned County
State Aid Highways twice during the calendar year as follows:
1. As soon as practicable after the spring snow melt, and
2. During the period of mid-summer or early fall as conditions
warrant.
C. Clean the center medians in conjunction with the early spring cleaning
described in Paragraph "B".
D. Furnish all labor, equipment, materials, supplies, tools, and
other items necessary for the performance of all and any of the work
provided for in this agreement.
III
The County will pay the City for maintenance operations as specified herein for
Calendar Year 1982, the amounts set forth in the fee schedule attached hereto, marked
Exhibit "A", and by this reference made a part hereof.
Payments under this agreement shall be made on a semi-annual basis, and as soon
after the respective dates of April 30 and December 31 of each year as may be possible,
upon submission by the City to the County of a certificate approved bythe County
Department of Transportation certifying' that all work has been done during the period
of which payment is to be made, in full accordance with this agreement.
This agreement shall be in full force and effect for the Calendar Year 1982.
IV
It is further understood 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 are in no way employed by the County.
V
Upon failure of the City to perform any of the work named herein under the
terms of this agreement, then the Board of County Commissioners may do and perform
such work or cause it to be done and performed, and may retain from any monies then
due to the City under this agreement, or thereafter becoming due, any such amount as
is required for the completion of such work, provided however, that this paragraph
shall not be construed to relinquish any right of action which may accrue in behalf
of the County as against the City for any breach of agreement.
VI
The parties agree that with the exception of the payments due and payable or
to become due and payable as herein provided, neither the County, its officers,
agents or employees either in their individual or official capacity shall be
responsible or liable in any manner to the City or to any other person or persons
whatsoever for any claim, demand, action or causes of action of any kind or
character arising out of or by reason of the .negligent performance and completion of
the work provided herein or arising out of any contract let by the City for the
performance of any of the work provided for herein and the City agrees to defend,
save and keep said County, its officers, agents and employees harmless from all such
claims, demands, actions or causes of action arising out of the negligence of the
City, its officers, agents or employees.
- 2 -
The City also agrees that any contract let by the City for the performance of
any of the work included hereunder shall include clauses that will : 1) Require the
contractor to hold the County, its officers, agents and employees harmless from any
claim, demand, action or cause of action of any kind or character arising out of
or by reason of the negligence of the said contractor, its officers, employees,
agents or subcontractors and 2) Require the contractor to provide and maintain
sufficient i.nsurance so as to assure the performance of its hold harmless obligations.
VII
The provisions of M.S. 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 full set forth
herein.
- 3 -
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 ST. ANTHONY
ayor
Date:,
And: fid( m
City Manager.
Date: !�A�-
. COUNTY OF HENNEPIN
ATTEST:
By:
Deput County Auditor i rnt6fi—bT its Coun oard
Date: o`Z�/ 9�� �-- ate: g ZZ
Upon proper execution, this agreement
will be legally valid and binding. And:
ssociate Cou y Administrator an
County Engine r
By:
V
Assistant County Attorney Date:
p' —T
Date: / D RECOMMENDED FOR APPROVAL:
. Approved as to execution: By:
1 Director, Department of Transportation
By: LJ2y C ' '
A sistant County Attorney Date:
Date:
Exhibit "A"
Page 1 of i
FEE SCHEDULE
Item Unit -of Measurement Quantity Unit Price Total Fee
Snow and Ice Control Lump Sum 1 $4,452.00(1) $4,452.00
Sweeping and Cleaning Center Line Mile 5.94(2) 225.00 1,336.50
Center Median Cleaning Lump Sum 1 187.00 187.00
TOTAL HENNEPIN COUNTY FEE $5,975.50
(1) If any of the highways or portions thereof covered by this agreement
are removed from the County system during the term. of this agreement
as provided by law, the County's annual fee for snow and ice control
shall be recomputed .as follows:
$4,452.00 - 4,452 x A x B = Total Annual Fee for Snow and
2.97 5
Ice Control ;
Where: A = Number of miles removed from County System.
B = Number of winter months the mileage removal was
in effect. (For the purpose of this computation,
winter months shall be construed to be the period
from January 1 to April 15 and from November 15
to December 31 of each calendar year giving a
yearly total of five months. )
(2) Estimated quantity consists of two'.'sweepings as per Article II of this
agreement. For each sweeping, the County shall pay $225.00 multiplied
by the number of miles in the County system at the ,time each sweeping
and cleaning operation is performed.
/ w
RESOLUTION 82-006
A RESOLUTION AUTHORIZING THE MAYOR AND
CITY MANAGER TO EXECUTE THE AGREEMENT BETWEEN
HENNEPIN COUNTY AND THE CITY OF ST. ANTHONY
FOR ROAD MAINTENANCE
BE IT RESOLVED, that the Mayor and City Manager are authorized
to sign the Agreement between Hennepin County and the City
of St. Anthony for road maintenance services on behalf of
the City of St. Anthony.
Adopted this Jct day of--TA xa . 1982'
Mayor
ATTEST: _
City Clerk
Reviewed for administration:
City Manager
CERTIFICATION
I hereby certify that the foregoing resolution is a true
and correct copy of a resolution presented to and adopted
by the City Council of th40fa�id
of St. Anthony , Minnesota,
on the sQ' day, of1982 , as
disclosed by the records City Cybuncil in -my
possession.
City Clerk