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HomeMy WebLinkAboutCC RES 91-047 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 IIIIIIVIIIVIIIVIIIVIIIVIIIIIIIIIII 103642 Box: 26 Folder: RES 1991 Document: CC RES 91-047 RESOLUTION AUTHORIZING THE MAYOR AND CIN MANAGER TO EXECUTE THE AGREEMENT BETWEEN HENNEPIN COUNTY AND THE CIN OF ST. ANTHONY FOR ROAD MAINTENANCE y d t • CITY OF ST. ANTHONY RESOLUTION 91-047 A RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE THE AGREEMENT BETWEEN HENNEPIN COUNTY AND THE CITY OF ST. ANTHONY FOR ROAD MAINTENANCE SERVICES 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 D(Jobe—r , 1991. Mayor ATTEST: &4u:t-) • City Clerk Reviewed for administration: c City Manager CERTIFICATION I hereby certify that the foregoing resolution is a true and correct copy of a resolution presented to and ado ted by the City Council of the City of St. Anthony, Minnesota, on the 9'Q q4 day of �n , 1991, as disclosed by the records of said City Council in my possession. • City Clerk Contract No. A02152 Agreement No. PW 65-10-91 City of St. Anthony • County of Hennepin COUNTY ROAD MAINTENANCE AGREEMENT Irl. AGREEMENT, Made and entered into this P Al day of 19� 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 CSAH 88 - between St. Anthony Boulevard and East County Line 0.70 2.80 II The maintenance to be performed by the City on CSAH's 27, 136 and 153, shall • consist of the following: -1- Agreement No. PW 65-10-91 • 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: a. As soon as practicable after the spring snow melt, and b. 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" The maintenance to be performed by the City on CSAH 88 shall consist of the following: A) Mow the grassed areas of the aforementioned County State Aid Highway a minimum of five times per year. • The City will 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 1992, 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 $5,800.00(A) $5,800.00 Sweeping and Cleaning Center Line Mile 5.88(B) 255. 10 1,500.00 Center Median Cleaning Lump Sum 1 200.00 200.00 Mowing None 0 0 0 TOTAL HENNEPIN COUNTY FEE $7,500.00 • -2- = � Agreement No. PW 65-10-91 • A. 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: $5,800.00 - 5,800 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 and from November 15 to December 31 of each calendar year giving a yearly total of five months. ) B. Estimated quantity consists of two sweepings as per Article II of this agree- ment. For each sweeping, the County shall pay $255.10 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 1992. IV 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 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 -3- Agreement No. PW 65-10-91 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 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. 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 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 -4- r Agreement No. PW 65-10-91 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. -5- Agreement No. PW 65-10-91 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: And: 9 City Manager Date: COUNTY OF HENNEPIN ATTEST: By: erk of the County Board ®E TY airman of it County Board Date: I d2`" 3O —9 Da p� v And: 71d'4f--51; A Upoprop r execution, this agr nt As cia n Admini r for and will be le ally vali indi g County Engin By: Date Assist County Attorney ��/p ^ �/ Date: / t —/ U— 2Z Apprved s to exec on: RECOMMENDED R 'AAPPPROVAL: By: By Assisth6t County Attorneyo U Director, DepartmeAnt of Public Works Date: ��1� O—O�/ Date: Date sent to ; „i "Administration November 15, 1991 Date commto ted L J iRBA Reso . No. Referred to � •�_ Committee � �/� REQUEST FOR BOARD ACTION Originated in Committee j JJJ I V 0 Sent to Committee Chairman T=M Date of Committee meeting Contract No. A02152 with St. Anthon Approved covering annual routine maintenance Laid over on portions of CSAH 27, CSAH 136, Committee Progressed CSAR 153 and mowing on CSAH 88 to bE Action Tabled performed by St. Anthony for the Other calendar year 1992. (County Cost: $7,500.00 - Operations Div. Budget) Date of Board meeting Approved DISTRIBUTION Board Laid over V. T. Genzlinger Action Tabled Dept of Public Works - J. Etzel Other i General Accounting ORIGINATING DEPARTMENT BACKGROUND DATA: Attached Department of Public Works jj r' X:On file with Bureau of Public Service ✓ Clerk of Board _ AGENDA NO. A LfFHO RIZC-Iff SFGN A%�'E DATE BOARD ACT ON RE UESTEC ��. j Approva� of tract No. A02152 (Agreement No. -10-9 / with the City of St. Anthony covering annual routine maintenance performed by the City of St. Anthony on portions of CSAH 27 (Stinson Blvd. ) , CSAH 136 (Silver Lake Road) , and CSAH 153 (Kenzie Terrace) , and mowing on CSAH 88 (New Brighton Boulevard) . within the City limits for the calendar year 1992: authorization for the Chairman of the Board to sign the contract on behalf of Hennepin County; and authorization for the Controller to disburse funds as directed. WAH9i 4`1F County annually enters into an agreement with the City of St. Anthony for routine maintenance of County State Aid Highways within the corporate limits of the City. The City will remove snow and ice; sweep, flush, and dispose of any debris; clean the center medians: and furnish all labor, materials, supplies, and tools to perform the work for the calendar year 1992 on the following highway portions: CSAH 27 (Stinson Blvd. ) between St. Anthony Blvd. and 37th Avenue N. E. (1.16 miles) ; CSAH 136 (Silver Lake Road) between CSAH 153 and 37th Avenue N. E. (1.25 miles) ; and CSAH 153 (Kenzie Terrace) between Stinson Blvd. and CSAH 136 (0.53 miles) . This agreement also provides for the mowing of the grassed areas on CSAH 88 (New Brighton Boulevard) between St. Anthony Boulevard and the East County Line (0.70 i miles) . � Contract No. A02152 (Agreement No. PW 65-10-91) has been prepared on the same basis as previous years. The estimated amount the County will pay to the City of St. Anthony is $7,500.00. The County's cost for this agreement is included in the Department of Public Works' 1992 Operations Division Budget. The following funds are to be encumbered in 1992: I Contract Proj. Project No. Vendor & No. Fund Account Center Co. No. Amount A02152 City of St. Anthony 10 52900 145121 90 6110000 $7,500.00 *000067830 Expiration date: June 1. 1993 Adm i strator's Comments : Other: Recommend approval 40 Recommend disapproval Reviewed-no recommendation Submitted at Commissioner request Signed HC 23 (3/83) RESOLUTION NO. 91-12-1038 The following resolution was offered by BE IT RESOLVED, that Contract No. A02152 (Agreement No. PW 65-10-91) with the City of St. Anthony covering routine maintenance of County State Aid Highways to be performed by the City of St. Anthony for the calendar year 1992, at an estimated County cost of $7,500.00, be approved; that the Chairman of the Board be authorized to sign said contract on behalf of Hennepin County; and that the Controller be authorized to disburse funds as directed. The question was on the adoption of the resolution and there were YEAS and NAYS as follows: COUNTY OF HENNEPIN BOARD OF COUNTY COMMISSIONERS YEA NAY OTHER Peter McLaughlin Randy Johnson John Keefe Tad Jude Judy Makowske Mark Andrew John E. Derus, Chairman ATTEST: Clerk of the County Boar