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HomeMy WebLinkAboutWaterloo Water Works-6/4/2012WATERLOO WATER WORKS TO: Maria Armstrong. Waterloo City Clerks Office 715 Mulberry St. Waterloo, Iowa WE ARE SENDING YOU: x Attached Shop Drawings Copy of Letter 1 1 Prints Change Order Letter of Transmittal Date: June 21, 2012 Job No. Attention: Maria Armstrong Re: East Donald Street Reconstruction, Contract No. 797 Waterloo, IA Under Separate cover via the following items: Plans Samples Specifications COPIES DATE NO. DESCRIPTION 4 6/21/2012 Agreement (C. wvr ,, ,, ,_1, s i oox9ni,,,1 atem s 71-79 9 ndii [ kF) 1 6/15/2012 Email copy THESE ARE TRANSMITTED AS CHECKED BELOW: x x For approval For your use As requested For review and comment For Bids due: Approved as submitted Approved as noted Returned for corrections Resubmit copies for approval Submit copies for distribution Return corrected prints Prints returned after loan to us REMARKS: Please return 4 signed copies of the Agreement. After the June 27, 2012 Board meeting, all copies will be signed, one will be retained by the WWW, and the balance will be returned to the City. Thanks. COPY TO: Jeff Bales SIGNED: Dennis D. Clark, P.E. dennis.clark@waterloo-ia.org If enclosures are not as noted, kindly notify us at once. 325 Sycamore Street • P.O. Box 27 • Waterloo, Iowa 50704-0027 • (319) 232-6280 • Fax: (319) 232-1962 riease return this copy to: City Clerk & Finance Department 715 Mulberry Street Waterloo, IA 50703 CITY OF WATERLOO and WATERLOO WATER WORKS EAST DONALD STREET RECONSTRUCTION, CITY CONTRACT No. 797 AGREEMENT NOW on this day of ��` 2012, 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 year 2012; and WHEREAS, the parties presently have varying degrees of responsibilities for the roadway reconstruction of East 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 and inspection shall be: All items — City of Waterloo 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 20 precent of the costs of the water main items 71-79. 2. The City shall pay for all other project costs of the roadway reconstruction along the proposed corridors. 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 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. 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: 1. 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. East Donald Street from U.S. 63 to Mildred Avenue. F. DURATION. This Agreement shall be in effect until completion of the construction or termination by written agreement of all parties. DATED this 4L6 day of\)vvL__- , 2012. 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 , 2012, 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 , 2012, 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 ATTEST: CITY OF WATERLOO, IOWA By: zy Schar s, City Clerk STATE OF IOWA, BLACK HAWK COUNTY, ss: On this day of , 2012, 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. f5ct 0 of the City Council on the 4 -en day of , 2012, 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 ex- uted. ary P ► blic in and for the S ate of I WATERLOO W WORKS TO: Maria Armstrong. Waterloo City Clerks Office 715 Mulberry St. Waterloo, Iowa WE ARE SENDING YOU: x Attached Shop Drawings Copy of Letter Prints Letter of Transmittal Date: June 19, 2012 Job No. Attention: Maria Armstrong Re: East Donald Street Reconstruction, Contract No. 797 Waterloo, IA Under Separate cover via the following items: Change Order Plans Samples Specifications COPIES DATE NO. DESCRIPTION 4 6/19/2012 Agreement � l412.4zn a -7 C,„„,,,,.6,„.4„1,5 9-eil 7. 1 6/15/2012 j, Email copy THESE ARE TRANSMITTED AS CHECKED BELOW: x x For approval For your use As requested For review and comment For Bids due: 1 1 1 1 1 Approved as submitted Approved as noted Returned for corrections 1 1 Resubmit copies for approval Submit copies for distribution Return corrected prints Prints returned after loan to us REMARKS: Please return 4 signed copies of the Agreement. After the June 27, 2012 Board meeting, all copies will be signed, one will be retained by the VVWVV, and the balance will be returned to the City. Thanks. COPY TO: Jeff Bales SIGNED: Dennis D. Clark, P.E. den n is. Clark@waterloo-ia. org If enclosures are not as noted, kindly notify us at once. 325 Sycamore Street • P.O. Box 27 • Waterloo, Iowa 50704-0027 • (319) 232-6280 • Fax: (319) 232-1962 Page 1 of 6 DENNIS CLARK From: JEFF BALES Sent: Friday, June 15, 2012 2:39 PM To: DENNIS CLARK Cc: MARIA ARMSTRONG Subject: RE: E. Donald Street Project - Proposed Agreement Please send unsigned originals over to Maria Armstrong, Clerk's Office for Mayor's signature. I will be on vacation next week. From: DENNIS CLARK Sent: Wednesday, June 06, 2012 4:34 PM To: JEFF BALES Subject: RE: E. Donald Street Project - Proposed Agreement Jeff, Do you want unsigned copies for City signatures, or do you want to wait until the Board approves the agreement and then send those signed copies over to you? Thanks, Dennis From: JEFF BALES Sent: Wednesday, May 30, 2012 9:57 AM To: DENNIS CLARK Subject: E. Donald Street Project - Proposed Agreement Dennis, I placed the proposed agreement on the June 4th Council agenda for approval. Can you send me copy for signatures ? Thank you. Jeff From: JEFF BALES Sent: Friday, May 25, 2012 11:37 AM To: DENNIS CLARK Cc: ERIC THORSON; 'Durbahn, Mark' Subject: RE: E. Donald Street Project Proposed Storm Sewer Conflict With Water Main Dennis, I'm sorry about the misunderstanding, but Mark Durbahn discussed the water main relocation work plan with Rick Wilberding, and as noted earlier, I was informed that the Water Works accepted responsibility. Last November, a set of project plans was given to the Waterloo Water Works. However, for future projects involving WWW participation, I will correspond with you directly during the planning phase. In response to your question on why federal funding could be utilized for this water main work, it is because this is a utility conflict with the proposed storm sewer - which is federal -aid eligible. Relocation of this utility is considered an integral part of the storm sewer improvements. The water main work for the 6/18/2012 CITY OF WATERLOO and WATERLOO WATER WORKS EAST DONALD STREET RECONSTRUCTION, CITY CONTRACT No. 797 AGREEMENT NOW on this day of , 2012, 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 year 2012; and WHEREAS, the parties presently have varying degrees of responsibilities for the roadway reconstruction of East 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 and inspection shall be: All items — City of Waterloo 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 20 precent of the costs of the water main items 69-79. 2. The City shall pay for all other project costs of the roadway reconstruction along the proposed corridors. 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 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. 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: 1. 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. East Donald Street from U.S. 63 to Mildred Avenue. 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 , 2012. 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 , 2012, 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 , 2012, 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: Ernest G. Clark, Mayor ATTEST: Suzy Schares, City Clerk STATE OF IOWA, BLACK HAWK COUNTY, ss: On this day of , 2012, 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 , 2012, 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 in and for the State of Iowa CITY OF WATERLOO and WATERLOO WATER WORKS EAST DONALD STREET RECONSTRUCTION, CITY CONTRACT No. 797 AGREEMENT NOW on this day of , 2012, 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 year 2012; and WHEREAS, the parties presently have varying degrees of responsibilities for the roadway reconstruction of East 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 and inspection shall be: All items — City of Waterloo 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 20 precent of the costs of the water main items 69-79. 2. The City shall pay for all other project costs of the roadway reconstruction along the proposed corridors. 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 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. 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: 1. 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. East Donald Street from U.S. 63 to Mildred Avenue. 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 , 2012. 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 2012, 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 , 2012, 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: Ernest G. Clark, Mayor ATTEST: Suzy Schares, City Clerk STATE OF IOWA, BLACK HAWK COUNTY, ss: On this day of , 2012, 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 , 2012, 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 in and for the State of Iowa CITY OF WATERLOO and WATERLOO WATER WORKS EAST DONALD STREET RECONSTRUCTION, CITY CONTRACT No. 797 AGREEMENT NOW on this day of , 2012, 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 year 2012; and WHEREAS, the parties presently have varying degrees of responsibilities for the roadway reconstruction of East 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 and inspection shall be: All items — City of Waterloo 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 20 precent of the costs of the water main items 69-79. 2. The City shall pay for all other project costs of the roadway reconstruction along the proposed corridors. 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 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. 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: 1. 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. East Donald Street from U.S. 63 to Mildred Avenue. 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 , 2012. 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 , 2012, 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 , 2012, 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: Ernest G. Clark, Mayor ATTEST: Suzy Schares, City Clerk STATE OF IOWA, BLACK HAWK COUNTY, ss: On this day of , 2012, 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 , 2012, 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 in and for the State of Iowa CITY OF WATERLOO and WATERLOO WATER WORKS EAST DONALD STREET RECONSTRUCTION, CITY CONTRACT No. 797 AGREEMENT NOW on this day of , 2012, 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 year 2012; and WHEREAS, the parties presently have varying degrees of responsibilities for the roadway reconstruction of East 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 and inspection shall be: All items — City of Waterloo 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 20 precent of the costs of the water main items 69-79. 2. The City shall pay for all other project costs of the roadway reconstruction along the proposed corridors. 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 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. 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: 1. 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. East Donald Street from U.S. 63 to Mildred Avenue. 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 , 2012. 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 , 2012, 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 , 2012, 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: Ernest G. Clark, Mayor ATTEST: Suzy Schares, City Clerk STATE OF IOWA, BLACK HAWK COUNTY, ss: On this day of , 2012, 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 , 2012, 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 in and for the State of Iowa