HomeMy WebLinkAboutCity of Elk Run Heights-Maintenance Agreement-02.05.2007 .' ad 7' 86
MAINTENANCE AGREEMENT
This contract is made and entered into this 5ti day of re(rrc t,q y , 2007, by and
between the City of Waterloo, Iowa(hereinafter referred to as "Waterlod"), and the City of Elk
Run Heights, Iowa(hereinafter referred to as "Elk Run Heights").
WHEREAS, Elk Run Heights has previously entered into a Maintenance Agreement with
Waterloo for the maintenance of traffic signals and four (4) street lights located at Dubuque Road
and Elk Run Road; and
WHEREAS, Elk Run Heights wishes to add four(4) streets lights located at Evansdale Road and
Gilbertville Road; and the traffic signals at Dubuque Road and Plaza Drive; and
WHEREAS, Waterloo is willing to maintain the above-mentioned traffic signals and street
lights.
NOW, THEREFORE, the parties agree as follows:
1. By agreement of the parties, the Contract between Waterloo and Elk Run Heights dated in
1999 is hereby null and void.
2. This Contract shall take effect on the 1st day of March, 2007, and shall be in full force and
effect until the 30th day of June, 2008. It shall continue from year to year thereafter unless and
until either party notifies the other party in writing of its intent to modify or cancel this
Agreement. This Agreement shall then automatically terminate sixty (60) days after receipt of
said notice by the party notified.
3. Waterloo agrees to perform routine monthly inspection of the above-mentioned traffic
signal. This monthly inspection includes inspection of signal head damage, structural damage,
and movement of mast arms. Replacement of burned out lamps during normal working hours
will be included in the monthly service fee.
4. Waterloo agrees to maintain the eight(8) street lights on an as-needed basis. However,
Waterloo will not perform a monthly inspection of the street lights.
5. Elk Run Heights agrees to pay Waterloo a service fee of Sixty-eight Dollars ($68.00) for
each monthly inspection, which shall be billed and payable quarterly.
6. Elk Run Heights agrees to pay the once-a-year service charge, equal to Waterloo's cost,
for the changing of signal lamps and lens cleaning, which includes the price of lamps,
replacement of dust filter in controller, labor for two Traffic Operations Department personnel,
and the use of an aerial truck.
7. Non-routine maintenance will be charged according to the rate schedule for the use of
personnel and equipment as set out below:
HyRanger trucks (big) (bucket trucks) $21.00 per hour
Van and Pickup trucks $10.00 per hour
Trencher $15.00 per hour
Concrete saw(does not include cost of blades) $ 6.50 per hour
Manpower (regular time) An hourly rate according to the
worker's compensation classification
8. Emergency calls, which occur during other than normal working hours, will be charged at
a rate of time and one-half for personnel, with a one-hour minimum. (Normal working hours are
considered to be 7:00 a.m. to 3:00 p.m., Monday through Friday.) Work performed during an
emergency call will be performed by one person, whenever possible and practical, in order to
make the intersection safe and usable. Extra personnel will be called in only when it is
determined to be absolutely necessary. Equipment used during emergency calls will be charged
according to the rate schedule as set out in Paragraph 7 above.
9. Waterloo agrees to have emergency call personnel available on a twenty-four(24) hour
basis and may be contacted through the Consolidated Public Safety Communications Center
(Central Dispatch) after normal working hours. Waterloo will attempt to perform as much work
as possible during normal working hours.
10. Waterloo agrees that any parts used for repairs, which are available from the Waterloo
Traffic Operations Department inventory, will be billed at cost only.
11. Equipment, which must be purchased by Elk Run Heights, will be purchased with the
assistance of the Waterloo Traffic Operations Department and will be installed by Waterloo
according to the rate schedule set out in Paragraph 7 above.
12. Each party agrees to maintain its own liability insurance. Waterloo will only be
responsible for liability incurred by its employees' actions.
13. This contract contains the entire agreement of the parties. None of the covenants,
provisions, terms, or conditions of this Agreement shall be in any manner modified, waived, or
abandoned, except by a written instrument duly signed by both parties.
Dated this 5+h day of Fe(y r c.tq r , 2007.
{
CITY OF WATERLOO, IOWA
By:
Timothy J. u , Mayor
ATTEST:
Nancy ckert ity Clerk
STATE OF IOWA )
ss.
BLACK HAWK COUNTY )
On this J ' day of , 2007, before me, the undersigned, a Notary
Public in and for the State of Iowa, personall ppeared Timothy J. Hurley and Nancy Eckert, 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.Ihe City Council, under Council Action No. Job 4/SSG. of the City Council
on the .4" day of le &rc tc( ry , 2007, and that Timothy J. Hurley and Nancy Eckert
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.
n P,
Notary ublic in and for the State Iowa
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CITY OF ELK RUN HEIGHTS, IOWA
By: 6 . eg,,,,,,,,,,,A4r,_ ---
Mayor
ATTEST:
ii/).."644- Liyn
City Cler
STATE OF IOWA )
) ss.
BLACK HAWK COUNTY )On this /31A 1 day of KV-G A , 2007, before we, the undersigned, a Nary
Pu 1' in and for the State of Iowa, personally appeared ,`(/,ac i .Iiu1,,ntje and
r s- jv,L to me personally known, and who, being by me duly sworn, did say
that they are the Mayo1d City Clerk, respectively, of the City of Elk Run Heights, 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, twder Council Action No.
Z (1 e, of the City Counc'1 on the /3 f'i day of a.4 -Gk. , 2007, and
that AL[licu�u.�-t-�e�►n.i u' and ris-i/(/ G acknowledged the execution of
the instrument to be `their voluntary act and deed andthe voluntary act and deed of the
corporation, by it voluntarily executed.
Itit•DCkaC 3 _
,'' rERESA LYNN WHEELER Notary Public in and for the State of Iowa
,,-it.:,... COMMISSION NO.173474
I ua MY COMMISSION EXPIRES
,o . MARCH 10,2009
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