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HomeMy WebLinkAboutBlack Hawk County - Cooperative Agreement Shaulis Rd Trail Agreement 9.28.20 Black Hawk County Engineer's Office Cooperative Agreement For Construction Projects Location Shaulis Road Trail Extension— Phase II Work Type PCC Sidewalk/Trail Project No. TAP=U-8155(766)--81-07 This Agreement is entered into by and between Black Hawk County, Iowa, hereafter designated the "County", and the City of Waterloo, hereinafter designated the"City". The City proposes to design and construct the Shaulis Road Trail Extension — Phase II from Cedar Terrace Drive to the Cedar Valley Nature Trail which is mostly within the corporate limits of Waterloo. The County Jurisdiction shall be from the Waterloo City Limits (Station 132+72.4) easterly to the End of Project(Station 137+84.2). The County and the City are willing to jointly participate in said project, in the manner hereinafter provided; and This Agreement reflects the current concept of this project, which is subject to modification by mutual agreement between the County and the City; and Therefore, it is agreed as follows: 1. Project Information a. The City shall be the lead local governmental agency for carrying out the provisions of this Agreement. b. All notices required under this Agreement shall be made in writing to the City's and/or the County's contact person. The City's contact person shall be the City Engineer, Jamie Knutson, P.E. The County's contact person shall be the County Engineer, Catherine Nicholas, P.E. 2. Project Design a. The City shall be responsible for the design of all proposed improvements. b. The City shall review and approve the plans before letting and review and approve the contract cost before the contract is approved. c. The project plans, specifications and engineer's cost estimate shall be prepared and certified by the City . 3. Project Costs a. The City shall be responsible for the design and construction cost of the project. 4. Bid Letting I a. The City shall submit the plans, specifications, estimate, and all other contract documents for review by the Iowa D.O.T. b. The project will be let by the Iowa D.O.T. in accordance with its normal letting procedures. c. The City shall be the contracting authority for the project. 5. Construction & Maintenance a. The City shall be responsible for the daily inspection of the project, including the compilation of a daily log of materials, equipment, and labor used on the project. b. The City shall comply with the procedures and responsibilities for materials testing and construction inspection according to Iowa D.O.T.'s Materials Instructional Memorandums (I.M.'s) and the Construction Manual. If requested, the Iowa D.O.T. may be able to perform some testing services. If performed, the Iowa D.O.T. will bill the City for testing services according to its normal policy. 6. Payments and Reimbursements a. The City shall be responsible for making payments to the contractor(s)for all project costs incurred in the development and construction of the project. 7. General Provisions a. The City shall maintain records, documents, and other evidence in support of the work performed under the terms of this Agreement. All accounting practices applied and all records maintained will be in accordance with generally accepted accounting principles and procedures. b. If any part of this Agreement is found to be void and unenforceable then the remaining provisions of this Agreement shall remain in effect. c. This Agreement is not assignable without the prior written consent of the City and the County. d. It is the intent of both (all) parties that no third-party beneficiaries be created by this Agreement. e. In case of dispute concerning the terms of this Agreement, the parties shall submit the matter to arbitration pursuant to Iowa Code Chapter 679A. Either party has the right to submit the matter to arbitration after ten (10)days'written notice to the other party of its intent to seek arbitration.The written notice must include a precise statement of the disputed question. The City and the County agree to be bound by the decision of the appointed arbitrator. Neither party may seek any remedy with the State or Federal courts absent exhaustion of the provisions of this paragraph for arbitration. f. This Agreement may be executed in two(2)counterparts, each of which so executed will be deemed to be an original. g. This Agreement, as well as the unaffected provisions of any previous agreement(s), addendum(s), and/or amendment(s); represents the entire Agreement between the County and City regarding this project. All previously executed agreements will remain in effect except as amended herein.Any subsequent change or modification to the terms of this Agreement will be in the form of a duly executed amendment to this document. j IN WITNESS WHEREOF, each of the parties hereto has executed this Agreement as of the date shown opposite its signature below. BOARD OF SUPERVISORS OF BLACK HAWK COUNTY: BY: CDate Cha'irp6rson ATTEST: By: 2-'4 County Auditor CITY OF WATERLOO: By: Qlee +jkj H arfi �� Date 9/28/2020 City of Waterloo Mayor