HomeMy WebLinkAboutRES 88-032 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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101599
Box: 21
Folder: RES 1988
Document: RES 88-032 RESOLUTION AUTHORIZING THE MAYOR AND
CIN MANAGER TO EXECUTE THE AGREEMENT BETWEEN HENNEPIN
COUNTY AND THE CIN OF ST. ANTHONY FOR ROAD MAINTENANCE
RESOLUTION 88-032
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 13 day of1988.
Mayor
ATTEST:
City Cle t
Reviewed for administration: 6a ' ' 1�(--V '` V�
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 City of St. Anthony, Minnesota, on the 1-3±�
day of Se- �e be r , 1988, as disclosed by the records of
said City touncil in my possession.
City Clerk
I�
1
0 1
Agreement No. PW 68-10-88
City of St. Anthony
County of Hennepin
•
COUNTY ROAD MAINTENANCE AGREEMENT
AGREEMENT, Made and entered into this 22—' 1vb day of 1900
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 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
Sconditions 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) .
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Agreement No. PW 68-10-88
• 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 of
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 1989, the amounts set forth in the fee schedule as follows:
FEE SCHEDULE
Unit of
Item Measurement Quantity Unit Price Total Fee
Snow and Ice Control Lump Sum 1 $5,400.00(1) $5,400.00
Sweeping and Cleaning Center Line Mile 5.94(2) 235.69 1,400.00
Center Median Cleaning Lump Sum 1 200.00 200.00
TOTAL HENNEPIN COUNTY FEE $7,000.00
•
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Agreement No. PW 68-10-88
• (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:
$5,400.00 - 5,400 X A X B = Total annual Fee for Snow
2.97 5 and 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. )
t
(2) Estimated quantity consists of two sweepings as per Article II of this agree-
ment. For each sweeping, the County shall pay $235.69 multiplied by the
number of miles in the County system at the time each sweeping and cleaning
operation is performed.
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 by
the County Department of Public Works certifying that all work has been done
during the period for 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 1989.
Agreement No. PW 68-10-88
• 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 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.
The City also agrees that any contract let by the City for the performance of
Agreement No. PW 68-10-88
• 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 insurance 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 fully set
forth herein.
•
Agreement No. PW -68-10-88
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
(SEAL By.
Mayor
Date:
3
And:
�"M
City Manager
Date:
COUNTY OF HENNEPIN
0 ATTEST:
By:
� JaiLrman olf -� oe e ou y Boar ;1. r
/ 1, p / asDate: Da
And:
Upon pr'b'per execution, this agrf Bent A oc lountj A inis r or an
will be County Engineer
By: Date
Assis � County Attorneyo
Date:
Appro s to execution: RECOMMENDED FOR APPROVAL:
By: By
AssiT"ounty A orney Director, epar en c Works
Date: Date: &