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HomeMy WebLinkAboutCC RES 96-050 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 11111111111111I IIII 103312 Box: 26 Folder: RES 1996 Document: CC RES 96-050 RESOLUTION AUTHORIZING THE MAYOR AND CIN MANAGER TO EXECUTE THE AGREEMENT BETWEEN HENNEPIN COUNTY AND THE CIN OF ST. ANTHONY FOR ROAD MAINTENANCE • CITY OF ST. ANTHONY RESOLUTION 96-050 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 U+ et , 1996. • ayor ATTEST: City Clerk Reviewed for administration: City Madager CERTIFICATION I hereby certify that the foregoing resolution is a true and correct copy of a resolution presented toad adopted by the City Council of the City of St. Anthony, Minnesota, on the -JQ�L day Of 4z� , 1996, as disclosed by the records of said City Council in my possession. • Contract No. 5022M6 • Agreement No. PW 39-10-96 City of St. Anthony County of Hennepin COUNTY ROAD MAINTENANCE AGREEMENT z ,AGEMENT, Made and entered into this � day of j Z� e ��•�c� , 1996 '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: -1- Contract No. 5022M6 • Agreement No. PW 39-10-96 A) Keep the aforementioned County State Aid Highways from curb to curb 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 during the calendar year as follows: a. As soon as practicable after the spring snow melt, b. Late spring period, c. Mid-summer period, and d. Late fall period. C) Clean the center medians in conjunction with the spring cleanings 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 ten times per year except for the deep ditches on the east side. B) Sweep, flush, and dispose of any debris from the aforementioned County State Aid Highways during the calendar year as follows: a. As soon as practicable after the spring snow melt, b. Late fall period. c. Plus up to two additional sweepings as necessary. Hennepin County will provide arrowboard pickup with operator as needed. Contact Brian Langseth (District Supervisor) at 930-2579 for scheduling. C) Clean the center medians in conjunction with the spring cleanings described in Paragraph "B" 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. i - -2- Contract No. 5022M6 • Agreement No. PW 39-10-96 III The County will pay the City for maintenance operations as specified herein for Calendar Year 1997, 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 $6,300.00(A) $6,300.00 Sweeping and Cleaning Sweepings 4(B) 687.50 2,750.00 Center Median Cleaning Lump Sum 1 200.00 200.00 Mowing Mowings 10 100.00 1 ,000.00 TOTAL HENNEPIN COUNTY FEE $10,250.00 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: • $6,300.00 - 6,300 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 four sweepings as per Article II of this Agreement. The County shall pay $687.50 for each time the 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. -3- Contract No. 5022M6 • Agreement No. PW 39-10-96 This Agreement shall be in full force and effect for the Calendar Year 1997. 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 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 If the City fails to perform any of the provisions of this Agreement or so fails to administer the work as to endanger the performance of the Agreement, this shall constitute a default. Unless the City's default is excused by Hennepin County, Hennepin County may upon written notice immediately cancel this Agreement in its entirety. Hennepin County's failure to insist upon strict performance of any provision or to exercise any right under this Agreement shall not be deemed a relinquishment or waiver of the same, unless consented to in writing. Such consent shall not constitute a general waiver or relinquishment throughout the • . entire term of the Agreement. -4- Contract No. 5022M6 • Agreement No. PW 39-10-96 VI Upon failure of the City to perform any of the work named herein under the terms of this Agreement, Hennepin County 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. VII The City shall not assign, subcontract, transfer, or pledge this contract and/or the services to be performed hereunder without prior approval from Hennepin County. VIII It is understood that all persons working on such highways are employees • of the City or its contractors or agents and are in no way employed by the County, provided, however, that this provision shall not apply to persons employed directly by the County, or by contractors other than the City, engaged by the County. All contracts and agreements made by the City with third parties for the performance of any work to be done under this Agreement shall be subject to the terms of this Agreement and comply with all state laws and requirements relating to contracts for the construction and maintenance of County State Aid Highways and that a clause to that effect shall be inserted in all such Agreements. The City agrees to defend, indemnify, and hold harmless the County, its elected officials, officers, agents, volunteers and employees from any liability, claims, causes of action, judgments, damages, losses, costs, or expenses, including reasonable attorney 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 for in the performance of the services required by this Agreement, and against all loss by reason of the failure of said City to perform fully, in any respect, all obligations under this Agreement. -5- Contract No. 5022M6 • Agreement No. PW 39-10-96 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 indemnify and hold the County, its commissioners, officers, agents and employees harmless from any liability, claim, demand, judgments, expenses, action or cause of action of any kind or character arising out acts or missions of 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. IX The provisions of Minnesota Statute 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. X • The parties hereto agree that either party, the State Auditor, or any of their duly authorized representatives at any time during normal business hours, and as often as they may reasonably deem necessary, shall have access to and the right to examine, audit, excerpt, and transcribe any books, documents, papers, records, etc. , which are pertinent to the accounting practices and procedures of the parties and involve transactions relating to this Agreement. XI 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 alternations, 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. -6- L- • Contract No. 5022M6 Agreement No. PW 39-10-96 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 i? Mayor lr Date: q - I D And: Ak I City Ma ge Date: • COUNTY OF HENNEPIN ATTEST: td By-An mIc;:nai dncume;.. ,-s p6.s na'.:y sigse C) 4 gutty/r41.,er ,:Q_: 0&'Tffdft hard Chai r of its County 'Baa1^b' Date: ' go —9( Date: APPROVE AS TO FORM: And: i Asso is UUunty dmini ator By: Date: •ssistant Co nt tt rn y Date: And Direc rJ a tment f ublic Works and County gine / Date: /y APPROV TO EXEC N: RECOMMENDED FOR APPROVAL By: By: As an C y Attorney Trans ortation Division Engineer Date: Date: /96