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Item 84-146 CDCC ContractINTERCEPTOR MAINTENANCE AGREEMENT The Agreement, made and entered into by and between the Metro- politan Waste Control Commission (hereinafter called the Commission) and the City of Hopkins (hereinafter called the Municipality); WITNESS THAT: In the joint and mutual exercise of their powers and in consideration of the mutual covenants herein contained, the parties hereto recite and agree as follows: Section 1. Recitals. The Commission is the owner of the inter- ceptors and appurtenances located in the Municipality as described in the list attached hereto and marked Exhibit "A ". The Commission intends to operate and maintain such interceptors and appurtenances as part of the Metropolitan Disposal System; however, the Commission has determined that such general maintenance can best be provided by contracting with the Municipality to perform this service on behalf of the Commission as an independent contractor, pursuant to Minnesota Statutes, Section 473.504, Subdivision 12. Section 2. Municipality's Undertaking. During the period from January 1, 1984 through December 31, 1984, the Municipality, as an independent contractor, will perform general maintenance on all of the interceptors and appurtenances described in Exhibit "A ". Section 3. Performance of Undertaking. In performing general maintenance on such interceptors, the Municipality shall: A. Comply with the applicable provisions of relating to the operation of the Metropolitan Disposal System adopted by the Commission. B. Maintain the interceptors and appurtenances in clean and in good operating condition for the conveyance of sewage or storm water discharged into them. Section 4. Municipality Independent Contractor. The parties agree the Municipality is an independent contractor and that all per- sons performing services under this Agreement are employees of the Municipality or its contractors or agents, and are not employees by or employees of the Commission for any purpose; provided, however, that this provision shall not apply to persons on the regular payroll of the Commission, or to persons other than the Municipality contract- ing directly with the Commission. The Municipality, with the approv- al of the Commission, may enter into a contract with a third person whereby such person performs on behalf of the Municipality and under the direction of its supervisory personnel, as part of the work re- quired by or under this Agreement. All contracts and agreements made by the Municipality with third persons for the performance of any work required"by this Agreement shall be subject to the terms of this Agreement, and a provision stating this shall be inserted in all such contacts. Section 5. Municipality's Responsibility; Indemnification. The Municipality agrees to perform the services required in an effi- cient, proper and responsible manner and agrees that the Commission will not be liable or responsible for any negligency and /or improper performance by the Municipality's employees of the work and services required by this Agreement. Section 6. Payment for Work; Accounting. 6.01 Payment of Costs. The Commission agrees to pay to the Municipality an amount equal to the cost of all labor and of supply- ing all materials, supplies, tools and equipment, reasonably neces- sary for the performance of work required by this Agreement. The parties agree that such costs shall comprise and be computed as follows: A. Labor. The cost of the labor for employees of the Munici- pality shall be the sum , off (i) the established hourly wage rate or rates of the persons performing the work multiplied by the number of hours worked; and (ii) actual overhead (noted as a percentage of (i)), which shall represent in- direct labor and overhead costs and shall be subject to audit by the Commission. B. Materials and Supplies. The cost of materials and supplies furnished by the Municipality, which shall be not more than their delivered cost to the municipality. C. Tools and Equipment. The cost of tools and equipment fur- nished by the Municipality shall be computed in accordance with a standard hourly rental rate schedule to be submitted by the Municipality and approved by the Commission. Charges shall be assessed only for hours of actual use. D. Contract Costs. The amount required to be paid under con- tracts approved by the Commission to contractors of the Municipality for performance of work required by this Agree- ment, plus direct costs incurred by the Municipality in administering such contracts, which shall be agreed upon when any such contract is approved. 6.02. Cost Estimates Monthly Payments. The parties estimate that the total amount of costs which the Commission will be required to pay to the Municipality for performance of this Agreement in 1984 will be $4,400.00. The Commission agrees to pay to the Municipality an or .before the last day of each month in 1984, the sum. of $366.66, as an advance payment of such costs. On or before April 1, 1985, the Municipality will submit to the Commission a detailed statement of the actual costs incurred by the Municipality which the Commission is re- quired to pay in accordance with Section 6.01, and will remit to the Commission any amount paid to the Municipality which is in excess of such actual costs. If the total of the monthly advances previously paid by the Commission is less than the actual amount of such costs, the Commission shall pay to the Municipality on or before May 1, 1985 an amount equal to the difference between the actual costs and the monthly advances previously paid. The Municipality shall keep detail- ed records supporting all costs of the types specified in Section 6.01, which it expects the Commission to pay, and shall make the same available to the Commission upon request. Section 7. Inspection of Work. The interceptors and appurte- nances may be inspected by the Commission to determine whether the work required to be performed under this Agreement is being performed satisfactorily. It is determined that the Municipality or any of its contractors is not performing the work satisfactorily, then the Commission may do and perform such work or cause it to be done and performed, and may retain from any monies then due or to become due to the Municipality under this Agreement. The amount thereof re- quired for the completion of work; however, that the performance of such work and the retention of monies by the Commission pursuant to this section shall not effect the Commission's right to commence an action against the Municipality for breach of this Agreement or its rights under Section 5. IN WITNESS WHEREOF, the parties hereto have executed this Ag- reement this day of , 1984. FOR THE CITY OF HOPKINS RA L TITLE TITLE c ma b \a -r5/-/- 7 3 ) / / DATED Th METROPOLITAN WASTE CONTROL COMMISSION Peter E. Meintsm man t L.J. Breimhur`st, Dep. Chief Administrator DATE 7 <.t" . %r , / ,r(- 1 "Monk" Avenue Lift Station at Blake Road and Lake Street Extension. That part of Outlot 1, in Rubel and Goldman Addition, lying Easterly of the following described line: Commencing at a point in the South line of said Outlot 1, distant 74.15 feet West of the Southeast corner of said Outlot 1, thence Northeasterly deflecting to the right from said South line at an angle of 96° 48' to the Northerly boundary line of said Outlot 1 and there termin- ating, according to the plat thereof on file or of record in the office of the Registrar of Titir.s in and for said County. HOPKINS MAINSTREET /CCDC OPERATING BUDGET SUPPORT SERVICES: $6,120.00 The following basic operating costs are covered-under this item: Phone Answering service Insurance Office Supplies Meeting Expenses Office Space Moving Expenses (Phone,Sign) 6,120.00 Director /Project Manager: $33,870.00 Funds for a project manager to coordinate and manage the varied components of the Mainstreet Program: Salary FICA MN Unemployment Fund Expenses 33,870.00 Basic Development Promotion and Public Relations: $24,000.00 Funds for a promotion's coordinator to manage public relations, help with events, coordinate advertising, prepare newsletter, oversee design and production of brochures and flyers: Design Fund: $10,000.00 Provide funds for loan program facade design assistance program and funds for small scale public space design projects (the Pedestrian Walkway, for ins•tance). Newsletter: $5,300.00 Preparation of a monthly newsletter for distribution to downtown businesses, property owners, CCDC and Mainstreet members. ECONOMIC DEVELOPMEP:T BUDGET . MAGAZINE ADVERTISING: $14,420.00 The purpose of the magazine advertising is to reach businesses and developers willing to locate in Hopkins, BROCHURES: $6,191.00 We hope to print three brochures. The 4 -color brochure will'concentrate on Hopkins itself, and all the advantages of living, working and shopping here. This will be available to developers, prospective businesses and placed at the new hotel. The preparation charges are for photography and color separations. The Loan Program brochure will go to anyone interested in the Loan Program and also people thinking of locating their business on Mainstreet. The Design brochure will go to people looking to renovate their business and also to prospective businesses. FOLDER: $1,000.00 The folder will be a 2- color, hard stock folder with the Mainstreet Logo on the front in which to place all materials which will be left with developers, prospective businesses, etc. BUSINESS DIRECTORY: $2,000.00 The Business Directory will show existing buildings on an easy -to -read map, to show people where things are located. Inserts will correspond with the map to give names and types of businesses. The directory will be available at the Twin West Chamber of Commerce, hotels and other locations. WORKSHOP: $2,000.00 A workshop will be available to all members of the HMP to help them with advertising, display, self- promotion, etc. There will also be time for individual merchants to get help on their particular problems. RESEARCH: 110,000.00 This money will be used to gather information on whatever topics we feel necessary, such as income,spending habits, preferences of shoppers, etc. It will also be used to do a Market Analysis, MAILING LIST: $1,000.00 A mailing list will be purchased which lists all businesses in Hopkins and the surrounding area. This money will also be used for mailing costs. special meeting of the City Council of the City of Hopkins, Minnesota was held Monday December 17, 1984, at 8 p.m. in the Council Chambers of the City Hall. Present were Mayor Miller; Councilmembers, Milbert, Shirley, Lavin and Anderson. Also present were City Manager, Craig and City Attorney Jerre Miller. The purpose of the meeting was to discuss the Super Block and further negotiations with Bankers Realty Group. The Council agreed to invite representatives of BRG to the January 15, 1984 regular Council meeting to clarify the feasibility study and final development plan for the SuperBlock. . : Robert F. Miller, Mayor Respectfully submitted, Jean Kaeding, Secy. Counc members: )1/2Z :16,/?(