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Home My WebLink AboutCC RES 92-054 RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO EXEUTE THE AGREEMENT BETWEEN HENNEPIN COUNTY AND THE CITY OF ST. ANTHONY FOR ROAD MAINTENANCE SERVICES Meeting Sheet IIIIII VIII VIII VIII VIII VIII IIII IIII 103590 Box: 26 Folder: RES 1992 Document: CC RES 92-054 RESOLUTION AUTHORIZING THE MAYOR AND CIN MANAGER TO EXEUTE THE AGREEMENT BETWEEN HENNEPIN COUNTY AND THE CIN OF ST. ANTHONY FOR ROAD MAINTENANCE SERVICES • CITY OF ST. ANTHONY RESOLUTION 92-054 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 N a ye—m h e-r $ 1992. Mayor ATTEST: �ruv Y 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 the City of St. Anthony, Minnesota, on the day of Noucnyih e—r , 1992, as disclosed by the records of said City Council in my possession. • City Clerk ' b53 Contract No. 5022M2 • Agreement No. PW 60-10-92 City of St. Anthony County of Hennepin COUNTY ROAD MAINTENANCE AGREEMENT u. AGREEMENT, Made and entered into this day of ,Q4pA66Ai , 1992 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 Ave. 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 Blvd. 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: • F -1- G� • Agreement No. PW 60-10-92 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 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 1993, the amounts set forth in the fee schedule as follows: FEE SCHEDULE Item Unit of Measure 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) 289. 12 1,700.00 Center Median Cleaning Lump Sum 1 200.00 200.00 Mowing Mowings 5 100.00 500.00 TOTAL HENNEPIN COUNTY FEE $8,200.00 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: -2- Agreement No. PW 60-10-92 • $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 agreement. For each sweeping, the County shall pay $289.12 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 1993. 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 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 -3- `ANV • Agreement No. PW 60-10-92 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 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, -4- �- • Agreement No. PW 60-10-92 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- --AA Agreement No. PW 60-10-92 • 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: City Manager Date: NCVerY) 10EPr QUI , 199 ,2— COUNTY I9 ,2—COUNTY OF HENNEPIN • ATTEST: j1a4irma0*n--'of Clerk of the County Bo4d —U, i s County Board ate• o� — ��02 And: Upo �Propr execution, this agre m nt Associ to t&Hrff inist to and will[ be 10,gally valid . n b di g County Engineer By: Date: Assists ht County Attorney Date: /I /" � i'- 01':� Aporov as to a cuti n RECOMMEND FOR APPROVAL: By: By: 06 Assant County Attorney Director, Department of Public Works Date• Date• -6- c CITY OF ST. ANTHONY RESOLUTION 92-054 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 N o veru b e-r ) 1992. Mayor ATTEST: Y 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 the City of St. Anthony, Minnesota, on the 4�-- day of Nouc Epi h e—r , 1992, as disclosed by the records of said City Council in my possession. City Clerk