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HomeMy WebLinkAboutWaterloo Water Works-8/12/2013CITY OF WATERLOO and WATERLOO WATER WORKS WEST SHAULIS ROAD WATER MAIN EXTENSION AGREEMENT NOW on this / day of 2 ' , 2013, the Waterloo Water Works and the City of Waterloo, Iowa, 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. 1. RECITALS WHEREAS, the water main extension in which the parties have some interest, are proposed to be constructed in calendar year 2013; and WHEREAS, the parties presently have varying degrees of responsibilities for providing adequate water supply in the E. AREA COVERED; and WHEREAS, the parties believe that the payments to be made to the contractor would best be handled by the Waterloo Water Works. 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 construction shall be: Division I — Waterloo Water Works C. FINANCING. The Waterloo Water Works and the City of Waterloo shall equally share the costs for the Project according to the following: 1. The Waterloo Water Works shall pay for one half of the entire cost of the design, construction review, and construction of the water main extension along the proposed corridors. 2. The City of Waterloo shall pay for one half of the entire cost of the design, construction review, and construction of the water main extension along the proposed corridors. 3. The Waterloo Water Works shall be responsible for administering the payments to the contractor, to bill the City of Waterloo and the City of Waterloo shall make payment within fifteen (15) days of said billing. 4. Financing for this Project shall be the responsibility of each of the parties hereto as reflected in this Agreement. D. ADMINISTRATION OF AGREEMENT. The Waterloo Water Works shall prepare plans, specifications, estimate of quantities, estimate of cost, etc. and submit them to the City of Waterloo for approval. A licensed professional engineer in the state of Iowa, who is a representative of the Waterloo Water Works, shall sign the Plans and Specifications. The Waterloo Water Works shall follow the current Waterloo Water Works bidding procedures for the project and administer the letting phase of this project. The construction phase of this project shall be administered by the Waterloo Water Works. The City of Waterloo shall be notified of all meetings involving said Project and shall have the right of review and acceptance for each of the following phases: 1. Bid Award Approval; 2. Final Construction Approval. E. AREA COVERED. The area covered by this Agreement shall be: a. West Shaulis Road — beginning at the fire hydrant approximately 285 feet east of Sergeant Road, then westerly across Sergeant Road to a point approximately 90 feet west of Sergeant Road, including a new fire hydrant at the northwest corner of West Shaulis Road and Sergeant Road 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 , 2013. Waterloo Water Works By: ATTEST: Terry M. K Board of Trus = es Waterloo Water Works Dennis Clark, General Manager and Board Secretary STATE OF IOWA, BLACK HAWK COUNTY, ss: On this 024' day of r( , 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 Chair 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 thee/ ' day of Mx , 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 end deed of the utility, by it voluntarily executed. Public in and for the State of Iowa Yvol C htir r.s3.roa,) xtiaca ‘-s rym 1(z, a oN CITY OF WATERLOO, IOWA Erhest G. Clark, Mayor City of Waterloo ATTEST: Suzy Sch 'res, City Clerk STATE OF IOWA, BLACK HAWK COUNTY, ss: On this `, day of a‘"t-riuL, 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 Councunder Council Action No. of the City Council on the % day of 6tA, 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 Public i' and for the State of Iowa • • ELLA L ELLIS COMMISSION NO. 225874