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HomeMy WebLinkAboutCity of Elk Run Heights-3/4/2013Please return this copy to: City Clerk & Finance Department 715 Mulberry Street Waterloo, IA 50703 MAINTENANCE AGREEMENT This contract is made and entered into this 01—day of , 2013, by and between the City of Waterloo, Iowa (hereinafter referred to as "Waterloo"), and the City of Elk Run Heights, Iowa (hereinafter referred to as "Elk Run Heights"). WHEREAS, Elk Run Heights has previously entered into a Maintenance Agreement with Waterloo for the maintenance of traffic signals and four (4) street lights located at Dubuque Road and Elk Run Road; four (4) street lights located at Evansdale Road and Gilbertville Road; and four (4) street lights and traffic signals at Dubuque Road and Plaza Drive. WHEREAS, Waterloo is willing to maintain the above-mentioned traffic signals and street lights. NOW, THEREFORE, the parties agree as follows: 1. By agreement of the parties, the Contract between Waterloo and Elk Run Heights dated in 2007 is hereby null and void. 2. This Contract shall take effect on the 1St day of April, 2013, and shall be in full force and effect until the 30th day of June, 2014. It shall continue from year to year thereafter unless and until either party notifies the other party in writing of its intent to modify or cancel this Agreement. This Agreement shall then automatically terminate sixty (60) days after receipt of said notice by the party notified. 3. Waterloo agrees to perform routine monthly inspection of the above-mentioned traffic signal. This monthly inspection includes inspection of signal head damage, structural damage, and movement of mast arms. Replacement of burned out lamps during normal working hours will be included in the monthly service fee. 4. Waterloo agrees to maintain the twelve (12) street lights on an as -needed basis. However, Waterloo will not perform a monthly inspection of the street lights. 5. Elk Run Heights agrees to pay Waterloo a service fee of One Hundred Five Dollars ($105.00) for each monthly inspection, which shall be billed and payable quarterly. 6. Non -routine maintenance will be charged according to the rate schedule for the use of personnel and equipment as set out below: -2- HyRanger trucks (big) (bucket trucks) Van and Pickup trucks Trencher Concrete saw (does not include cost of blades) Manpower (regular time) $125.00 per hour $16.27-$42.53 per hour $18.92 per hour $ 31.72 per hour An hourly rate according to the Worker's compensation classification 7. Emergency calls, which occur during other than normal working hours, will be charged at a rate of time and one-half for personnel, with a one-hour minimum. (Normal working hours are considered to be 7:00 a.m. to 3:00 p.m., Monday through Friday.) Work performed during an emergency call will be performed by one person, whenever possible and practical, in order to make the intersection safe and usable. Extra personnel will be called in only when it is determined to be absolutely necessary. Equipment used during emergency calls will be charged according to the rate schedule as set out in Paragraph 7 above. 8. Waterloo agrees to have emergency call personnel available on a twenty-four (24) hour basis and may be contacted through the Consolidated Public Safety Communications Center (Central Dispatch) after normal working hours. Waterloo will attempt to perform as much work as possible during normal working hours. 9. Waterloo agrees that any parts used for repairs, which are available from the Waterloo Traffic Operations Department inventory, will be billed at cost only. 10. Equipment, which must be purchased by Elk Run Heights, will be purchased with the assistance of the Waterloo Traffic Operations Department and will be installed by Waterloo according to the rate schedule set out in Paragraph 7 above. 11. Each party agrees to maintain its own liability insurance. Waterloo will only be responsible for liability incurred by its employees' actions. 12. This contract contains the entire agreement of the parties. None of the covenants, provisions, terms, or conditions of this Agreement shall be in any manner modified, waived, or abandoned, except by a written instrument duly signed by both parties. Dated this 461- day of , 2013. ATTEST: f 4,0 Suzy Sch. es, City Clerk STATE OF IOWA ) BLACK HAWK COUNTY ) ss. -3- Bv: CI OF WATERLOO, IOWA Ernest G. Clark, Mayor On this day of U , 2013, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Ernest G. Clark and Suzy Schares, to me personally known, and who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Waterloo, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation by authority of its City Council as contained in the Resolution adopted by the City Council, under Council Action No. of the City Council on the - day of J , 2013, and that Ernest G. Clark and Suzy Schares acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. Notary '\ublic in an e State of ATTE • ity Cler STATE OF IOWA ) BLACK HAWK COUNTY ) ss. -4- CITY OF ELK RUN HEIGHTS, IOWA By: On this 1214" day of / cci/I , 2013, before me, he undersignediia Notary Pu lic in, and for the State of Iowa, personally appeared tl �uY fa and Iy j S f, L i4 iel yy , to me personally known, and who, being by m'duly sworn, did say that they are the May& and City Clerk, respectively, of the City of Elk Run Heights, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation by authority of its City Council as contained in the Resolution adopted by the City Council, under Council Action No. 2•1Pif of the City Coun i on the, 21-1 day of /�Qy'di , 2013, and that & AV y and /wish tc hdy acknowledged the execution of the instrumerkt to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. BONN! G CROSS COMMISSION NO. 760058 MY NOVEMBER 17,, EXPIRES Notary Public in and for the State of Iowa Please return this copy to: City Clerk & Finance Department 715 Mulberry Street Waterloo, IA 50703 MAINTENANCE AGREEMENT , 424r- This contract is made and entered into this "l day of , 2013, by and between the City of Waterloo, Iowa (hereinafter referred to as "Waterloo"), and the City of Elk Run Heights, Iowa (hereinafter referred to as "Elk Run Heights"). WHEREAS, Elk Run Heights has previously entered into a Maintenance Agreement with Waterloo for the maintenance of traffic signals and four (4) street lights located at Dubuque Road and Elk Run Road; four (4) street lights located at Evansdale Road and Gilbertville Road; and four (4) street lights and traffic signals at Dubuque Road and Plaza Drive. WHEREAS, Waterloo is willing to maintain the above-mentioned traffic signals and street lights. NOW, THEREFORE, the parties agree as follows: 1. By agreement of the parties, the Contract between Waterloo and Elk Run Heights dated in 2007 is hereby null and void. 2. This Contract shall take effect on the 1st day of April, 2013, and shall be in full force and effect until the 30th day of June, 2014. It shall continue from year to year thereafter unless and until either party notifies the other party in writing of its intent to modify or cancel this Agreement. This Agreement shall then automatically terminate sixty (60) days after receipt of said notice by the party notified. 3. Waterloo agrees to perform routine monthly inspection of the above-mentioned traffic signal. This monthly inspection includes inspection of signal head damage, structural damage, and movement of mast arms. Replacement of burned out lamps during normal working hours will be included in the monthly service fee. 4. Waterloo agrees to maintain the twelve (12) street lights on an as -needed basis. However, Waterloo will not perform a monthly inspection of the street lights. 5. Elk. Run Heights agrees to pay Waterloo a service fee of One Hundred Five Dollars ($105.00) for each monthly inspection, which shall be billed and payable quarterly. 6. Non -routine maintenance will be charged according to the rate schedule for the use of personnel and equipment as set out below: -2- HyRanger trucks (big) (bucket trucks) Van and Pickup trucks Trencher Concrete saw (does not include cost of blades) Manpower (regular time) $125.00 per hour $16.27-$42.53 per hour $18.92 per hour $ 31.72 per hour An hourly rate according to the Worker's compensation classification 7. Emergency calls, which occur during other than normal working hours, will be charged at a rate of time and one-half for personnel, with a one-hour minimum. (Normal working hours are considered to be 7:00 a.m. to 3:00 p.m., Monday through Friday.) Work performed during an emergency call will be performed by one person, whenever possible and practical, in order to make the intersection safe and usable. Extra personnel will be called in only when it is determined to be absolutely necessary. Equipment used during emergency calls will be charged according to the rate schedule as set out in Paragraph 7 above. 8. Waterloo agrees to have emergency call personnel available on a twenty-four (24) hour basis and may be contacted through the Consolidated Public Safety Communications Center (Central Dispatch) after normal working hours. Waterloo will attempt to perform as much work as possible during normal working hours. 9. Waterloo agrees that any parts used for repairs, which are available from the Waterloo Traffic Operations Department inventory, will be billed at cost only. 10. Equipment, which must be purchased by Elk Run Heights, will be purchased with the assistance of the Waterloo Traffic Operations Department and will be installed by Waterloo according to the rate schedule set out in Paragraph 7 above. 11. Each party agrees to maintain its own liability insurance. Waterloo will only be responsible for liability incurred by its employees' actions. 12. This contract contains the entire agreement of the parties. None of the covenants, provisions, terms, or conditions of this Agreement shall be in any manner modified, waived, or abandoned, except by a written instrument duly signed by both parties. Dated this day of , 2013. STATE OF IOWA ss. BLACK HAWK COUNTY ) -3- Bv: CI OF WATERLOO, IOWA Ernest G. Clark, Mayor On this I day of , 2013, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Ernest G. Clark and Suzy Schares, to me personally known, and who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Waterloo, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation by authority of its City Council as contained in the Resolution adopted by the City Council,uCouncil Action No. of the City Council on the day of 'nd_er , 2013, and that Ernest G. Clark and Suzy Schares acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. Notary "ublic in an fo 41e State of ATTEST: City Clerk STATE OF IOWA ) BLACK HAWK COUNTY ) ss. -4- CITY OF ELK RUN HEIGHTS, IOWA By: Mayor On this day of , 2013, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared and , to me personally known, and who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Elk Run Heights, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation by authority of its City Council as contained in the Resolution adopted by the City Council, under Council Action No. of the City Council on the day of , 2013, and that and acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. Notary Public in and for the State of Iowa