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HomeMy WebLinkAboutCC RES 02-035 A RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE AN AGREEMENT WITH HENNEPIN COUNTY Meeting Sheet IIIIII VIII VIII VIII VIII VIII IIII IIII 104630 Box: 31 Folder: RES 2002 Document: CC RES 02-035 A RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE AN AGREEMENT WITH HENNEPIN COUNTY • CITY OF ST. ANTHONY RESOLUTION 02 - 035 A RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER EXECUTE AN AGREEMENT WITH HENNEPIN COUNTY WHEREAS, the City installed stamped concrete crosswalks within the County right-of-way at the intersections of Silver Lake Road and 29'Avenue NE and Silver Lake Road at 33'Avenue NE; and WHEREAS, the City and County desire to identify maintenance responsibilities and liability issues regarding the aforementioned crosswalks and future crosswalk that may be installed within the County's right-of-way. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of St. Anthony • hereby authorizes the Mayor and City Manager to execute the Agreement for the Installation and Maintenance of Stamped Concrete Sidewalks, with Hennepin County, on behalf of the City of St. Anthony. Adopted this day of `�� aA dL , 2002. Mayor ATTEST: City Clerk Reviewed for Administration: City Manager I c"k do dft a a true and acuate wo of do CW of 3L Aatlw"traor& Date City Clirk s D._� Gobi►og QW Cph ei ar VUtPOA tcto:q$ 1 MqoqMWp p f PAO 21;q 9CCUL244 • • Agreement No. PW 62-10-01 • City of St. Anthony County of Hennepin AGREEMENT FOR THE INSTALLATION AND MAINTENANCE OF STAMPED CONCRETE SIDEWALKS t� AGREEMENT, Made and entered into this ✓day of 92002, by and between the County of Hennepin, a body politic and corporate un r the laws of the State of Minnesota, hereinafter referred to as the "County" and the City of St. nthony, a body politic and corporate under the laws of the State of Minnesota,hereinafter referred to as the "City". WITNESSETH: WHEREAS,the City has installed stamped concrete crosswalks within County right of way at the intersection of County State Aid Highway No. (CSAR) 136 (Silver Lake Road) at 29th Avenue N.E., and at the intersection of CSAH 136 at 33rd Avenue N.E.; and WHEREAS,both the County and the City desires to identify maintenance responsibilities and liability issues regarding the above referenced stamped concrete crosswalks and future • stamped concrete crosswalks which may be installed by the City or its agents within the County's right of way; and WHEREAS, it is contemplated that said work be carried out by the parties hereto under the provisions of Minnesota Statutes, Section 162.17, Subdivision 1 and Section 471.59. NOW THEREFORE,IT IS HEREBY AGREED: I The City hereby agrees that it will comply with the County's permitting process prior to the installation of any future stamped concrete crosswalks within County right of way. Nothing herein shall be construed to imply that the County will grant the City permission to install stamped concrete crosswalks within the County's right of way. The City further agrees that any future construction of stamped concrete crosswalks that may occur within the County's right of way shall be in compliance with all Minnesota Department of Transportation design standards applicable for concrete pavement and pedestrian crosswalks in effect at the time said construction is accomplished. The County Engineer and • designated representatives shall have the right, as the work progresses, to make any inspections deemed necessary. - 1 - ik 1 *1 Agreement No. PW 62-10-01 The City or its agents shall obtain and comply with any and all permits and approvals required from other governmental or regulatory agencies to accomplish the construction of said stamped concrete crosswalks. Said permits and approvals shall be made available to the County upon request. II It is understood and agreed that all maintenance, restoration, repair or replacement required at any time for any stamped concrete crosswalks that now exists or may exist in the future within the City's corporate limits and within the County's right of way shall be the responsibility of the City and shall be performed by the City or its agents at no expense to the County. The City and County will regularly monitor the pavement conditions of the aforesaid stamped concrete crosswalks as well as adjacent pavement sections. The City agrees that it will repair, restore or replace said stamped concrete crosswalks, and all bituminous and concrete pavements sections within twenty(20) feet on either side of each crosswalk when problems develop and/or when requested by the County Engineer or a designated representative. The City further agrees to accomplish any such maintenance, restoration, repair or replacement within a time period specified by the County Engineer or a designated • representative. In the event a time period is not specified, the City shall have sixty days from the date of the County's notification to complete the required work. In the event the City fails to perform any such maintenance, restoration, repair or replacement within the applicable time period, as may be required by the County Engineer or a designated representative, the County will perform any such maintenance, restoration, repair or replacement and invoice the City for reimbursement of one hundred(100)percent of all costs incurred by the County in the completion of the work performed. It is further understood and agreed that in the event the City fails to perform any such maintenance, restoration, repair or replacement within the applicable time period, as may be required by the County Engineer or a designated representative, the County shall have the right to remove and replace said stamped concrete crosswalks with standard concrete and/or bituminous pavement and invoice the City for reimbursement of one hundred (100)percent of all costs incurred by the County. III All payments to the County must be postmarked by the date due or a late penalty of one (1) percent per month, or fraction thereof, on the unpaid balance will be charged to the City. The City shall pay the amount due as stated on the invoice, notwithstanding any dispute of such amount. Should a disputed amount be resolved in favor of the City, the County shall reimburse the disputed • amount plus daily interest thereon calculated from the date such disputed amount was received by - 2 - �L Agreement No. PW 62-10-01 the County. Daily interest shall be at the rate of one (1%)percent per month on the disputed • amount. IV All records kept by the City and the County with respect to the stamped concrete crosswalks proposed herein shall be subject to examination by the representatives of each party hereto. V The City agrees to defend, indemnify and hold harmless the County, its officials, officers, agents, volunteers, and employees from any liability, claims, causes of action,judgments, damages, losses, costs or expenses, including reasonable attorney's fees, resulting directly or indirectly from any act or omission of the City, its subcontractors, anyone directly or indirectly employed by them, and/or anyone for whose acts and/or omissions they may be liable related to the construction, maintenance, existence, restoration, repair or replacement of the stamped concrete crosswalks proposed herein. The City's liability under this indemnification obligation shall be governed by the provisions of Minnesota Statutes, Chapter 466 or other applicable law. . VI • Each party agrees that it will be responsible for its own acts and the results thereof, to the extent authorized by the law, and shall not be responsible for the acts of the other party and the results thereof. The County's and the City's liability are governed by the provisions of Minnesota Statutes, Chapter 466. The County and the City each warrant that they are able to comply with the aforementioned indemnity requirements through an insurance or self-insurance program. VII The City also agrees that any contract let by the City or its agents for the performance of work on County right of way as provided herein shall include clauses that will: 1) Require the Contractor to defend, indemnify, and hold the County, its officials, officers, agents and employees harmless from any liability, causes of action,judgments, damages, losses, costs or expenses including, without limitation, reasonable attorneys' fees, arising out of or by reason of the acts and/or omissions of the said Contractor, its officers, employees, agents or subcontractors; 2) Require the Contractor to be an independent contractor for the purposes of completing the work provided for in this Agreement; and 3) Require the Contractor to provide and maintain insurance in accordance with the following: 1. Commercial General Liability on an occurrence basis with • Contractual Liability and Explosion, Collapse and Underground Property Damage (XCU) Liability coverages: Limits - 3 - vl� L • It Agreement No. PW 62-10-01 General Aggregate $1,000,000 • Products--Completed Operations Aggregate $1,000,000 Personal and Advertising Injury $1,000,000 Each Occurrence - Combined Bodily Injury and Property Damage $1,000,000 Hennepin County shall be named as an additional insured for the Commercial General Liability coverage with respect to operations covered under this Agreement. 2. Automobile Liability: Combined Single limit each occurrence coverage or the equivalent covering owned, non-owned, and hired automobiles: $1,000,000 3. Workers' Compensation and Employer's Liability: A. Workers' Compensation Statutory If the Contractor is based outside the State of Minnesota, coverages must apply to Minnesota laws. • B. Employer's Liability-Bodily injury by: Accident-Each Accident $100,000 Disease -Policy Limit $500,000 Disease- Each Employee $100,000 An Umbrella Liability policy over primary liability coverages is an acceptable method to provide the required insurance limits. The above subparagraphs establish minimum insurance requirements. It is the sole responsibility of the City's Contractor to determine the need for and to procure additional insurance which may be needed in connection with the work provided for herein. All insurance policies shall be open to inspection by the County and copies of policies shall be submitted to the County upon written request. VIII 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 for 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 Minnesota Economic Security Law 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 - 4 - L 1 A, Agreement No. PW 62-10-01 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 Minnesota Economic Security Law 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. IX In order to coordinate the services of the City with the activities of the County so as to accomplish the purpose of this Agreement, the County Engineer or a designated representative shall manage this Agreement on behalf of the County and shall serve as liaison between the County and the City. In order to coordinate the services of the County with the activities of the City so as to accomplish the purpose of this Agreement, the City Engineer or a designated representative shall manage this Agreement on behalf of the City and shall serve as liaison between the City and the • County. X It is understood and agreed that the entire Agreement between the parties is contained herein and that this Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof. All items referred to in this Agreement are incorporated or attached and are deemed to be part of this Agreement. Any alterations,variations, modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing as an amendment to this Agreement signed by the parties hereto. XI The provisions of Minnesota Statutes 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. (This space left intentionally blank) • - 5 - 11&1L Agreement No. PW 62-10-01 . 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. THONY By: Mayor Date: 3 V a And: Manager Date: 3/ T C a -A COUNTY OF HENNEPIN ATTEST: By, — B An original document was personally signed by the • e uty/Clerk of the County Board Chaithe Clerk or the Bumd r of i sourity oar Date: In 025 '� �-- Date: APPROVED AS TO FORM: And• ssistant/Deputy/County A finis ator By; Date: Assist t County Attorney mar l a a- And: "-4 Date: Assis ant Co Administrator, Public Works and County Engineer Date: -S'Z 3 6 APPR VED AS TO EXECUTION: RECOMMENDED FOR APPROVAL By: Ot"–.00l By: Asi ant County Attorney Direc or, Transportation Department Date: 0(ZAr0-;)— Date: 5U2 Z Lo Z- - 6 - CITY OF ST. ANTHONY RESOLUTION 02 - 035 A RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER EXECUTE AN AGREEMENT WITH HENNEPIN COUNTY WHEREAS, the City installed stamped concrete crosswalks within the County right-of-way at the intersections of Silver Lake Road and 29'Avenue NE and Silver Lake Road at 33'd Avenue NE; and WHEREAS, the City and County desire to identify maintenance responsibilities and liability issues regarding the aforementioned crosswalks and future crosswalk that may be installed within the County's right-of-way. NOW,THEREFORE, BE IT RESOLVED that the City Council of the City of St. Anthony • hereby authorizes the Mayor and City Manager to execute the Agreement for the Installation and Maintenance of Stamped Concrete Sidewalks, with Hennepin County, on behalf of the City of St. Anthony. /, Adopted this day of ��1 Q , 2002. Mayor ATTEST: ue� City Clerk Reviewed for Administration: A// City Manager I certify that this is a true and accurate . copy of the City of St. Anthony records. 3 D Date city Clerk