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HomeMy WebLinkAboutWaterloo Water Works-4/5/2010CITY OF WATERLOO F.Y. 2010 STREET RECONSTRUCTION PROGRAM, CONTRACT No. 772 AGREEMENT NOW on this day of , 2010, the Waterloo Water Wor s and the City of Waterlo , 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 2010; and WHEREAS, the parties presently have varying degrees of responsibilities for the reconstruction of various streets in the F.Y. 2010 Street Reconstruction Program, Contract No. 772 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: 11. 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) 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. W. 9th Street - Easton Avenue to Mitchell Avenue b. Loma Street - from the west city limits to Cadillac Drive c. Longview Drive - Loma Street to Castle Street d. Maxine Avenue - Letsch Road to Valley Road e. Maynard Avenue - from approximately 181 feet west of Christensen Road to Letsch Road f. Westbourne Road - Mayfair Street to Tilbury Road F. DURATION. This Agreement shall be in effect until completion of the construction or termination by written agreement of all parties. DATED this 1 day of M 2 , 2010. Waterloo Water Works By: (It� Craig slavka, Chairman Board of Trustees Waterloo Water Works ATTEST: Dennis Clark, General Manager and Board Secretary STATE OF IOWA, BLACK HAWK COUNTY, ss: On this Lo - day of j R. N , 2010, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Craig Caslavka 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 /'7 71 day of Iev.4-acH , 2010, and that Craig Caslavka 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. 19'7 gertkoack" tary Public in and for the State of Iowa try�Ah'1ss 4.7-00 cypr7rtes 4-- fib / ATTEST: Suzy Scha t,, City Clerk CITY OF WATERLOO, IOWA Ernest G. Clark, Mayor City of Waterloo STATE OF IOWA, BLACK HAWK COUNTY, ss: On this � day of ' , 2010, before me, the undersigned, a Notary Public in and f 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, u der Council Action No.�(0- of the City Council on the - day of i L , 2010, and that Ernest G. Clark and Suzy Schares acknowledg d 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. c Old -� Notary P blic in and for the Stare of rowa 31A4"