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Home My WebLink AboutCC RES 90-032 RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE THE AGREEMENT BETWEEN HENNEPIN COUNTY AND THE CITY OF ST. NAHTONY FOR ROAD MAINTENANCE Meeting Sheet IIIIII VIII VIII VIII VIII VIII IIII IIII 103682 Box: 26 Folder: RES 1990 Document: CC RES 90-032 RESOLUTION AUTHORIZING THE MAYOR AND CIN MANAGER TO EXECUTE THE AGREEMENT BETWEEN HENNEPIN COUNTY AND THE CIN OF ST. NAHTONY FOR ROAD MAINTENANCE • CITY OF ST. ANTHONY RESOLUTION 90-032 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 day of SQZ01 -n'1 �ex- , 1990. --Z000-24ae� Mayor • ATTEST: City C1 k Reviewed for Administration: CCi y 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 //-tA day of SP , 1990, as disclosed by the records of said City Council in my possession. 1011111110110',9Z _. tea,` ��,�•• •,,,.,... .... O/rPs�o' - City Clerk m • c� testi•. ��: y•. fe�j��(Ca .............`• CV�`hb� 6��- Agreement No. PW 49-10-90 City of St. Anthony County of Hennepin i COUNTY ROAD MAINTENANCE AGREEMENT AGREEMENT, Made and entered into this day of 19 L4-- 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, Subdivision 1, 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: Mileage Centerline Lane CSAH 27 - between St. Anthony Boulevard and 37th Avenue N. E. 1.16 4.64 CSAH 136 - between CSAH 153 and 37th Avenue N. E. 1.25 3.82 CSAH 153 - between Stinson Boulevard and CSAH 136 0.53 2.12 2.94 10.58 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. -1- `� Agreement No. PW 49-10-90 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 1991, 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 $5,600.00(1) $5,600.00 Sweeping and Cleaning Center Line Mile 5.88(2) 238.10 1,400.00 Center Median Cleaning lump Sum 1 200.00 200.00 TOTAL HENNEPIN COUNTY FEE $7,200.00 (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: $5,600.00 - 5,600 X A X B = Total annual Fee for Snow 2.94 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 -2- Agreement No. PW 49-10-90 iand 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 agree- ment. For each sweeping, the County shall pay $238.10 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 1991. • 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, 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 commissioners, officers, agents or employees either in their individual or -3- 1t , Agreement No. PW 49-10-90 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, judgement, fines, penalties, expenses, 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 commissioners, officers, agents and employees harmless from any liability, claims, demands, actions or causes of actions, judgements, fines, penalties and expenses (including without limitation reasonable attorney fees and disbursements incurred in the defense thereof) 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 any of the work included hereunder shall include clauses that will : 1) Require the contractor to hold the County, its commissioners, officers, agents and employees harmless from any claim, demand, judgement, fine, penalty, expenses, 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. In accordance with Hennepin County policies against discrimination,. no person shall be excluded from full employment rights or participation in or the benefits of any program, service or activity on the grounds of race, color , creed, religion, age, sex, disability, marital status, affectional /sexual preference, public assistance status, ex-offender status, or national origin; and no person who is protected by applicable Federal or State laws against discrimination shall be otherwise subjected to discrimination. -4- Agreement No. PW 49-10-90 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 %pt1ST lfdpiBsep Mayor `a v� Date: s ®®_. And: , City— anager yDate: g.i3 , 9a idaiivt-m�°m COUNTY OF HENNEPIN ATTEST: erk of the unty Board D U1 Y Chai ma o its County .Board Dat Date:_ / And: Upon .proper execution, this agr a nt Ass iate C A inistr r and will be legally valid d in n County Engineer By: Date. v Assi ant County orney Date: �; - ��, Q Approved as to executio RECOMMEN D OR APPROVAL: By: _ By Assistant County Attorney Director, Department of PublIc Works Date: / d Date: To