HomeMy WebLinkAboutWaterloo Water Works-6/4/2012 (2)Please 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
J
NOW on this day of �ud."� E , 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
1{1"1
day of , 2012.
WATERLOO WATER WORKS
By:
ATTEST:
Terry M. untz, Ch
Board of Tru - -s
Dennis Clark, General Manager and Board Secretary
STATE OF IOWA, BLACK HAWK COUNTY, ss:
On this - day of ALU/ , 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 /(o day of
SOLI/1 , 2012, and that Terry M. Kuntz and Dennis Clark
acknowledgedJthe execution of the instrument to be their voluntary act and deed and
the voluntary act and deed of the utility, by it voluntarily executed.
ri(
Notary Pjblic in and for the State of Iowa
Trio CXipGaLes' ry1.4 v1 / y, a,o/4/
ATTEST:
CITY OF WATERLOO, IOWA
By
Suzy 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 CCity Council, under Council Action No. I J11 i of the City Council on the
l 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