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HomeMy WebLinkAboutWaterloo Water Works-3/11/2013ease return this copy to: City Clerk & Finance Department 715 Mulberry Street Waterloo, IA 50703 CITY OF WATERLOO and WATERLOO WATER WORKS US 63 FROM NEWELL STREET TO DONALD STREET, PROJECT NO. NHSX-063-6(88)-3H-07, CITY CONTRACT No. 790 AGREEMENT NOW on this 114i day of , 2013, the Waterloo Water Works ("Water Works") and the City of Waterloo, Iowa, (the "City") enter into this Agreement for and in consideration of the mutual covenants and promises contained herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged. I. RECITALS WHEREAS, the roadway reconstruction and water main replacements and extensions are to be constructed in the same corridors (refer below to E. AREA COVERED) in which the parties have some interest, and are proposed to be constructed in calendar years 2013 and 2014; and WHEREAS, the parties presently have varying degrees of responsibilities for the reconstruction of US Highway 63 from Newell Street to Donald Street, and the replacement and extension of the existing water main in the corridors listed below in E. AREA COVERED; and WHEREAS, the parties believe that the payments to be made to the contractor would best be handled by the City. NOW, THEREFORE, the parties agree as follows: II. TERMS OF AGREEMENT A. PURPOSE. Refer to Recitals. B. JURISDICTION. The jurisdiction for responsibility for design, inspection and funding shall be: Divisions 1,2,3,4, and 5(sewer only) – City of Waterloo Division 5(water only) – Waterloo Water Works Said responsibilities with respect to each division of the Project shall include review and approval of any design changes or change orders and general supervision of the work of that division. C. FINANCING. The Water Works and the City shall share the costs for the Project according to the following: 1. The Water Works shall pay for the entire cost of reconstruction or extension of the water mains along the proposed corridors. (Division 5(water only)). The Water Works shall also pay additional costs for a portion of three lump sum items, Construction Survey, Traffic Control, and Mobilization. The Water Works share of Construction Survey shall be $5,321.80, the Water Works share of Traffic Control shall be $2,993.00, and the Water Works share of Mobilization shall be $45,018.00. 2. The City shall pay for its appropriate share of the cost of the roadway reconstruction along the proposed corridors. (Division 1,2,3,4 and 5(sewer only)). 3. The City shall be responsible for administering the payments to the contractor and to bill the Water Works. The Water Works shall make payment to the City within fifteen (15) days of said billing. 4. Financing for this Project, including changes to a division of the Project that are later deemed to be necessary or advisable, shall be the responsibility of each of the parties hereto as reflected in this Agreement. Each party agrees to exercise diligence and good faith to arrange all funding necessary to complete the Project on the scheduled timeline. D. ADMINISTRATION OF AGREEMENT. The Water Works shall prepare plans, specifications, estimate of quantities, estimate of cost, etc., and submit them to the City, to be included in the contract as Division 5(water only). A licensed professional engineer in the State of Iowa, who is a representative of the Water Works, shall sign the Division 5(water only) Plans and Specifications. *The City shall follow the current City bidding procedures for the Project and administer the letting phase of this Project. The construction phase of this Project shall be administered by the City for Division 1,2,3,4 and 5(sewer only) and Water Works for Division 5(water only). The Water Works shall be notified of all meetings involving said Project and shall have the right of review and acceptance for each of the following phases for Division 5(water only): 1. Bid Award Approval. 2. Final Construction Approval. In all matters relating to administration of the Project, the parties agree to cooperate in good faith and in a timely manner, to maintain open lines of communications, and to have at least one person designated as the primary contact for all issues concerning the Project. E. AREA COVERED. The area covered by this Agreement shall be: 1. US Highway 63 from Newell Street to Donald Street. F. DURATION. This Agreement shall be in effect until completion of the construction or termination by written agreement of all parties. DATED this day of ,.)/Llyrck , 2013. WATERLOO WATER WORKS By: Terry M. Kuntz, Chairman Board of Trustees ATTEST: Dennis Clark, General Manager and Board Secretary STATE OF IOWA, BLACK HAWK COUNTY, ss: On this day of , 2013, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Terry M. Kuntz and Dennis Clark, to me personally known, and who, being by me duly sworn, did say that they are the Board of Trustees Chairman and the Board Secretary, respectively, of the Waterloo Water Works; and that the instrument was signed and sealed on behalf of the utility by authority of its Board of Trustees as contained in the Resolution adopted by the Board of Trustees, on the day of , 2013, and that Terry M. Kuntz and Dennis Clark acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the utility, by it voluntarily executed. Notary Public in and for the State of Iowa CITY OF WATERLOO, IOWA By: ATTEST: Suzy Schi . es, City Clerk TATE OF IOWA, BLACK HAWK COUNTY, ss: Emest G. Clark, Mayor On this It -11 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 swom, 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. Li -o[ 9 of the City Council on the I (- day of , 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. otary P blic in an• fort e State of I