HomeMy WebLinkAboutWaterloo Water Works-2/15/2010CITY OF WATERLOO
F.Y. 2010 River Front Renaissance Lower Plaza, CONTRACT No. 763
AGREEMENT
NOW on this 444 day of !j , 2010,
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 Amphitheater Project and water main extension are to be
constructed in the same corridor, in which the parties have some interest, is proposed
to be constructed in calendar year 2010; and
WHEREAS, the parties presently have varying degrees of responsibilities for the
construction of the Amphitheater Project and the extension of a new water main to
serve U.S. Bank and Mark's Park; 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 — 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
construction of the water main in the proposed corridor.
(Division II)
2. The City of Waterloo shall pay for the entire cost of construction of
the Amphitheater Project in the proposed corridor. (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 prepare plans, specifications, estimate of quantities,
estimate of cost, etc. to be included in the contract as Division I. A licensed
professional engineer in the state of Iowa, who is a representative of the City of
Waterloo, shall sign the Division I 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:
The entire area of the proposed Amphitheatre Project and the U.S.
Bank/Mark's Park water main extension; as shown in the
construction plans.
F. DURATION. This Agreement shall be in effect until completion of the
construction or termination by written agreement of all parties.
DATED this
ATTEST:
day of
Waterloo Water Works
By: i Gl4,,4�F�
Craig aslav a, Chairman
Board of Trustees
Waterloo Water Works
Dennis Clark, General Manager and Board Secretary
STATE OF IOWA, BLACK HAWK COUNTY, ss:
, 2010.
On this 2-4zz, day of ---)As�1/41-,Ag `/ , 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 day of
, 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.
J)7aia J(c
N6tary Public in and for the State of Iowa
ATTEST:
Suzy Shares, City Clerk
CITY OF WATERLOO, IOWA
By.
1.r1i
E est G. Clark, Mayor
City of Waterloo
STATE OF IOWA, BLACK HAWK COUNTY, ss:
On this day day ofyYYlili 9 , 2010, before me, the
undersigned, a Notary Public in and for the tate of Iowa, personally appeared Ernest
G. Clark and Suzy Shares, 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 b the City
Coun ' , under Council Action No. -2,C„5 ` of the City Council on the j day of
, 2010, and that Ernest G. Clark and Suzy Shares
acknowledged the xecution of the instrument to be their voluntary act and deed and
the voluntary act and deed of the corporation, by it voluntarily executed.
Not.; ry Public in and for the State of Iowa
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