HomeMy WebLinkAboutWaterloo Water Works-3/28/2011CITY OF WATERLOO
F.Y. 2011 STREET RECONSTRUCTION PROGRAM, CONTRACT No. 798
AGREEMENT
NOW on this 5541.i -day of , 2011,
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.
I. RECITALS
WHEREAS, the street reconstruction and water main replacements and
extensions are to be constructed in the same corridors (Refer to E. AREA COVERED)
in which the parties have some interest, are proposed to be constructed in calendar
year 2011; and
WHEREAS, the parties presently have varying degrees of responsibilities for the
reconstruction of various streets in the F.Y. 2011 Street Reconstruction Program,
Contract No. 798 and the replacement and extension of the existing water main in the
streets 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 of Waterloo.
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: Division I — City of Waterloo
Division II — Waterloo Water Works
C. FINANCING. The Waterloo Water Works and the City of Waterloo shall
share the costs for the Project according to the following:
1. The Waterloo Water Works shall pay for the entire cost of
reconstruction or extension of the water mains along the proposed
corridors. (Division II)
2. The City of Waterloo shall pay for the entire cost of reconstruction
of the streets along the proposed corridors. (Division I)
3. The City of Waterloo shall be responsible for administering the
payments to the contractor, to bill the Waterloo Water Works and
the Waterloo Water Works 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, to be included in the contract as Division II. A licensed
professional engineer in the state of Iowa, who is a representative of the
Waterloo Water Works, shall sign the Division II Plans and Specifications.
The City of Waterloo 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 with City of Waterloo for Division I and
Waterloo Water Works for Division II. The Waterloo 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 II:
1. Bid Award Approval;
2. Final Construction Approval.
E. AREA COVERED. The area covered by this Agreement shall be:
a. Sager Avenue — Deloris Drive to Westland Avenue
b. University Avenue Frontage Road — Sheerer Avenue to approximately
50 feet east of Sheerer Avenue
c. East Ridgeway Avenue — from Oregon Street to Ohio Street
F. DURATION. This Agreement shall be in effect until completion of the
construction or termination by written agreement of all parties.
DATED this A.-16- day of
, 2011.
Waterloo Water Works
By:
ATTEST:
Terry M. Ku
Board of Trust
Waterloo Water Works
Dennis Clark, General Manager and Board Secretary
STATE OF IOWA, BLACK HAWK COUNTY, ss:
On this 9 ( day of 1 c_t-{ , 2011, before me, the
undersigned, a Notary Public in and for the State of Iowa, personally appeared
M , i�� 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 the D day
of M C44 , 2011, 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.
ublic in and for the State of Iowa
CITY OF WATERLOO, IOWA
By:
est G. Clark, Mayor
City of Waterloo
ATTEST:
Suzy Sch res, City Clerk
STATE OF IOWA, BLACK HAWK COUNTY, ss:
On this day of , 2011, 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, nder Council Action No. of the City Council on the I ? day of
rlr , 2011, and that Ernest G. Clark and Suzy Schares
acknowledged the execution of the instrument to be their voluntary act and deed and
the vol ntary act and deed of the corporation, by it voluntarily executed.
ota ublic in and for the S
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e of Iowa