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Home My WebLink AboutCC RES 91-026 RESOLUTION APPROVING A COOPERATIVE AGREEMENT FOR A DRAINAGE SYSTEM CAPACITY STUDY AND AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY Meeting Sheet IIIIII VIII VIII VIII VIII VIII IIII IIII 103621 Box: 26 Folder: RES 1991 Document: CC RES 91-026 RESOLUTION APPROVING A COOPERATIVE AGREEMENT FOR A DRAINAGE SYSTEM CAPACITY STUDY AND AUTHORIZING THE MAYOR AND CIN MANAGER TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CIN • CITY OF ST. ANTHONY RESOLUTION 91-026 A RESOLUTION APPROVING A COOPERATIVE AGREEMENT FOR A DRAINAGE SYSTEM CAPACITY STUDY AND AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY WHEREAS, the findings of a preliminary study indicate that a system capacity study is warranted of the existing drainage capabilities of Drainage District No. 6. BE IT RESOLVED, that the City Council of the City of St. Anthony hereby approves the cooperative agreement between Hennepin County and the City of St. Anthony for a Drainage System Capacity Study (attached hereto); and BE IT FURTHER RESOLVED, that the City Council of the City of St. Anthony hereby authorizes the Mayor and City Manager to execute said agreement on behalf of the City. Adopted this day of )TIQ . 1991. • Mayor ATTEST: City Clerk Reviewed for administration: City Manageir te�lEcS?4dlr __ �s ` •`J / /fir_ �_ !✓tY/y/�///Ji_ Llc. I L Agreement No. PW 46-10-91 County State Aid Highway No. 88 • City of St. Anthony County of Hennepin COOPERATIVE AGREEMENT FOR PARTICIPATION IN A DRAINAGE SYSTEM CAPACITY STUDY cz AGREEMENT, Made and entered into this e75 day of 19q 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, The City, through its agent Barr Engineering Company, has performed a preliminary study of the existing drainage capabilities of a watershed known as Drainage District No. 6 in which County State Aid Highway No. 88 is located; and • WHEREAS, The findings of said preliminary study indicate that a system capacity study is warranted to identify cost effective options for solving existing drainage problems within said Drainage District No. 6; and WHEREAS, The estimated cost of said System Capacity Study is between $15,000 and $20,000; and WHEREAS, The City has requested the County participate in the funding of said Study for cost effective options, and WHEREAS, Hennepin County Resolution No. 91-4-403, approved April 23, 1991, authorized the preparation of a cooperative agreement between the City of St. Anthony and Hennepin County for said System Capacity Study in which the County's participation is to be $5,000 or less; and WHEREAS, It is contemplated that said work be carried out by the parties hereto under the provisions of M.S. SEC. 162.17, Subd. 1 and SEC. 471.59. • -1- Ci , ' Agreement No. PW 46-10-91 NOW THEREFORE, IT IS HEREBY AGREED: I The County will participate in the costs or' the hereinbefore mentioned System Capacity Study to identify cost effective options for solving existing drainage problems within said Drainage District No. 6. II The City or its agents shall be responsible to ensure that all work and services required for the completion of said System Capacity Study are in accordance with any and all applicable laws, regulations and guidelines related to location, design, safety, flood control and environment. III The City or its agents shall be responsible for the collection of any and all data required to complete said Study. IV • All plans, designs, reports and specifications prepared in accordance herewith shall be prepared by or under the direct supervision of a professional engineer or land surveyor, as applicable, registered in the State of Minnesota, and said plans, designs, reports and specifications shall be certified by him as required by law. V At the request of the County, the City or its agents shall furnish the County with any working copies of any plans, designs or reports at any time during the study process. VI The County retains the right to at any time review and comment on the plans, designs or reports of the City or its agents in regards to their effect on the drainage of the roadway and right of way corridor of County State Aid Highway No. 88. VII The City shall be responsible for the accuracy of the work of its agents and shall ensure that all necessary revisions or corrections resulting from errors and • omissions on the part of the City or its agents are promptly made without additional compensation by the County. Acceptance of the work by the County shall in no way -2- Agreement No. PW 46-10-91 relieve the City or its agents of the responsibility for subsequent corrections of any such errors or omissions and also the clarification of any ambiguities. VIII Upon completion of said System Capacity Study, the City shall furnish the County with three (3) copies of the completed report. IX The County shall reimburse the City for a portion of the costs of the herein agreed Study. Said County reimbursement shall be Five Thousand Dollars and No Cents ($5,000.00) . The City shall invoice the County for reimbursement. Said invoice shall include a copy of any invoices submitted to the City by its agents for work performed in accordance with this agreement and totaling at least $5,000.00. Invoices will be checked by Hennepin county and payments will be made in full , without retainage within forty-five (45) days of receipt. X All records kept by the City and the County with respect to this project shall be subject to examination by the representatives of each party hereto. XI It is understood that the $5,000.00 reimbursement to the City provided for herein is for the County's total share of said System Capacity Study for solving existing drainage problems within said Drainage District No. 6 in the vicinity of County State Aid Highway No. 88. Nothing herein shall be construed as a commitment by the County to participate in the construction costs of any improvements implemented as a result of said Study. XII • It is further agreed that each party to this agreement or their agents shall not be responsible or liable to the other or to any other person whomsoever for any -3- qi--W/ Agreement No. PW 46-10-91 claims, damages, actions, or causes of actions of any kind or character arising out of or by reason of the performance of any work or part hereof by the other as provided herein; and each party further agrees to defend at its sole cost and expense any action or proceeding commenced for the purpose of asserting any claim of whatsoever character arising in connection with or by virtue of performance of its own work as provided herein. 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 herein to be performed by the City or its agents shall not be considered employees of the County, and that any and all claims that may or might arise under the Worker's Compensation Act or the Unemployment Compensation Act of the State of Minnesota 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 or its agents, and that any and all claims that may or might arise under the Worker 's Compensation Act or the Unemployment Compensation Act of the State of Minnesota 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 or its agents. XIV 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. -4- cy" Agreement No. PW 46-10-91 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: 5 /y 19/ And: Man ger Date: COUNTY OF HENNE.PIN ATTEST: • By: 0By: ..�— lerk of t e County Board PUTY is my Board Date: 9/ Date: —25--?Z And: Upon proper execution, this agreement Associa n Adm' i trator will egally valid and binding, and County E inee By:_=w Date: '51-2j —2/ Assist t County Attorney Date: RECOMMENDED FOR APPROVAL Approved s to execuion L By: By: Director, Department of Public Works Assisttt County Attorney 4 , Date: � —IL Date: S - al / - 19 J