HomeMy WebLinkAboutBlack Hawk County - MOU - 10/21/2019Please return this copy to:
City Clerk & Finance Dept.
715 Mulberry St.
Waterloo, IA 50703
Memorandum of Understanding
City of Waterloo - Black Hawk County
This Memorandum of Understanding ("MOU") is entered into by and between the City of
Waterloo, Iowa and Black Hawk County, Iowa for the purpose of defining and clarifying the
division of responsibility, action and cost in the construction and/or maintenance of roadway
facilities near the outer corporate limits of the City.
Roads or Streets on the Corporate Line.
1) Black Hawk County will maintain and plow snow on the following streets or roads on the
corporate limits common to both:
a. Donald Street from Sage Road East to Elk Run Road*** 2.0 miles
b. Dunkerton Road from Leversee Road east one mile 1.0 mile
c. Elk Run Road from Donald Street, 3/4 mile south to Newell St 0.75 mile
d. Sage Road from Donald St north X mile 0.25 mile
e. Newell St from Elk Run Rd east % mile 0.50 mile
4.50 miles
2) City of Waterloo will maintain and plow snow on the following streets or roads on
corporate limits common to both:
a. Orange Road from Dysart Road west mile 0.25 mile
b. Orange Road from U.S. 218 west to Dysart Road 0.75 mile
c. Hess Road from Orange Road north'/ mile 0.25 mile
d. McKellar Road from Foulk Road east % mile 0.25 mile
1.50 miles
Spurs of Streets which are a Continuation into Jurisdiction of the Other Entity
1) Black Hawk County will maintain and plow snow on the following streets or roads:
a. Hoff Road from Shaulis Road south 3/4 mile 0.75 mile
b. Osage Road from Skyview Road east % mile 0.50 mile
c. Moline Road from Donald Street north % mile 0.25 mile
d. Burton Avenue from Big Rock Road north % mile 0.50 mile
2.00 miles
2) City of Waterloo will maintain and plow snow on the following streets or roads:
a. Ansborough Avenue from Orange Road north % mile 0.25 mile
b. Orange Road from Ansborough Avenue east % mile 0.50 mile
c. Kimball Avenue from Washburn Road north'/ mile 0.50 mile
d. Big Rock Road from U.S. 63/ Logan Avenue east 3/ mile 0.75 mile
e. Orange Road from'/ mile west of Dysart Road west 1'/ mile 1.25 miles
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f. Rose Lane, Oak Ridge St, Juniper, and Balsam Streets in
Cedar Terrace, Fifth Addition
g. East Airline Highway from Moline west % mile
h. Elk Run Road from IA 281 north % mile
0.60 mile
0.25 mile
0.50 mile
4.6 miles
***The County will perform all summer maintenance on this portion of Donald St, the City will
perform all winter maintenance.
Maintenance is defined as furnishing rock, grading, snow removal, ice treatment, patching
holes, culvert cleanout, garbage pickup in the ditches, ditch clean out, brush removal, and
driveway repair as required by the governing body of the maintenance crew. Seal coating and
road reconstruction are NOT part of routine maintenance activities. New entrances within the
city limits shall be as the City Engineer designates, and outside of the city limits they shall
conform to County requirements as outlined on the County's driveway entrance permit. All
traffic control signs shall be furnished and installed by the agency in whose area the road lies.
This MOU does not include bridge maintenance. The responsibilities of each party hereunder
will be performed at its own cost, and each party waives any right or claim of reimbursement
from the other party. Each party shall perform its maintenance responsibilities hereunder in a
timely fashion and in accordance with generally prevailing standards of public road
maintenance, which shall be at least the standard of maintenance that such party follows in
maintaining its own roadways.
To the extent permitted by applicable law, each party will defend, indemnify and hold harmless
the other party, its officials, officers, employees, and agents, from and against any and all
claims, demands, actions, causes of action, costs, expenses, fees, penalties, fines, and liabilities
of any type or nature whatsoever, including but not limited to reasonable attorneys' fees and
expenses, existing at law or in equity, whether sounding in tort or contract, arising from,
claimed to arise from, or in any way connected with, the acts or omissions of the indemnifying
party in carrying out its authorized activities under this MOU.
Neither party may assign its duties under this MOU to any third party without the prior written
consent of the other party hereto.
Nothing in this MOU shall, or shall be deemed or construed to, create or constitute any joint
venture, partnership, agency, employment, or any other relationship between the parties nor
to create any liability for one party with respect to the liabilities or obligations of the other
party or any other person.
This MOU is binding upon and shall inure to the benefit of the parties. This MOU is the entire
understanding between the parties pertaining to the subject matter hereof and supersedes all
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prior understandings or agreements relating to the subject matter hereof, whether oral or
written, and this MOU may not be modified except by the mutual written agreement of both
parties. Time is of the essence.
This MOU shall become effective thirty (30) days after date set forth below and shall remain in
effect until such time as either party chooses to terminate it by notifying the other party in
writing at least one (1) month prior to the termination date.
Dated this 91 day of of 2019.
City of Waterloo, Iowa
By: l_.? ti�ti +� 1,
717
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Quentin Hart, Mayor
Attest:
Kelley Fel
e, City Clerk
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Black Hawk County Iowa
By: 1 " V V N
Thomas Little, Chairman
Board of Supervisors
Attest: 4-0P.--v,
Grant Veeder, County Auditor