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HomeMy WebLinkAboutWaterloo Water Works - Hyper Drive RISE Project, Cont. No. 1051 - 9.7.2021 CITY OF WATERLOO F.Y. 2022 Hyper Drive R.I.S.E. Project No. RM-8155(778)-9D-07 CONTRACT No. 1051 AGREEMENT NOW on this day of 'Sf-pA-_'Ty� y 2021 , 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 Hyper Drive water main installation is to be constructed in the same corridors (Refer to E. AREA COVERED) in which the parties have some interest, are proposed to be constructed beginning in calendar year 2021; and WHEREAS, the parties presently have varying degrees of responsibilities for the F.Y. 2022 Hyper Drive R.I.S.E. Project No. RM-8155(778)-9D-071 Contract No. 1051, and the installation of water main in the segment of Hyper Drive listed below in E. AREA COVERED; and WHEREAS, the parties believe that savings can be realized through a joint contracting venture 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 – R.I.S.E. Eligible (City of Waterloo) Division II – R.I.S.E. Non-Eligible (City of Waterloo) Division III –Waterloo Water Works Division IV – Sanitary Sewer (City of Waterloo) C. FINANCING. The Waterloo Water Works and the City of Waterloo shall share the costs for the Project according to the following: Page 1 of 4 I. The Waterloo Water Works shall pay for the entire cost of reconstruction or extension of the water mains along the proposed corridors. (Division III) 2. The City of Waterloo/Iowa DOT shall pay for the entire cost of reconstruction or extension of sanitary sewer and road improvements, if any, of Hyper Drive along the proposed corridor. (Division I, II and IV) 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. City of Waterloo shall prepare plans, specifications, estimate of quantities, estimate of cost, etc. and include them in the contract as Division III. A licensed professional engineer in the state of Iowa, shall sign the Division III 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 Divisions I, II and IV and Waterloo Water Works for Division III. 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 III: 1 . Bid Award Approval; 2. Final Construction Approval. E. AREA COVERED. The area covered by this Agreement shall be: a. Hyper Drive — from intersection of East Lake Road and Leversee Road in Cedar Falls, approximately 1 ,100 feet to the east. F. DURATION. This Agreement shall be in effect until completion of the construction or termination by written agreement of all parties. DATED this day of 2021. Page 2 of 4 CITY OF WATERLOO, IOWA By: Quentin Hart, Mayor City of Waterloo ATTEST: — kl,�1AV A&A Kelley Felchle, ity Jerk STATE OF IOWA, BLACK HAWK COUNTY, ss: On this day of J ems,, Flo e✓ 2021, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Quentin Hart and Kelley Felchle, 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, under Council Action No. l D Z Z of the City Council on the `*' day of ►�tae,� 2021, and that Quentin Hart and Kelley Felchle 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 executed. "`• NANCY HIGBY COMMISSION NO.788229 Notary Pubic in n f—or thAS6te of Iowa ` ,aw' ` MY CT M1SsIQpExP4RES Page 4 of 4 WATERLOO WATER WORKS By: Mary Potter, Chair Board of Trustees Waterloo Water Works ATTEST: Chad Coon, General Manager and Board Secretary STATE OF IOWA, BLACK HAWK COUNTY, ss: On this day of 2021, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Mary Potter and Chad Coon, to me personally known, and who, being by me duly sworn, did say that they are the Board of Trustees Chair and the General Manager and 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 day of 2021 and that Mary Potter and Chad Coon 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. Notary Public in and for the State of Iowa Page 3 of 4