HomeMy WebLinkAboutIowa Department of Transportation-12/22/2014CITY OF WATERLOO
DEPARTMENT OF ENGINEERING TRANSMITTAL
715 Mulberry Street Waterloo, IA 50703
DATE: 2/20/15
TO: `Clerk's Office
Transmitted herewith are:
QUANTITY
Contract No.
PROJECT: N HSX-63-6(69)--3H-07
DESCRIPTION
Agreement
Change Order Contracts and Bonds
Engineering Contract
Maintenance Bond
Plans and Specifications
Punch List
TV Reports
One Original Aggreement Addendum 2006-16-163B
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For your Approval
For your Information
For El
your signature
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COMMENTS:
Cc:Project File w/copy of agreement
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Per our Conversation
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City Engineering Department
By.
Jeff Bales; Associate Engineer
IOWA DEPARTMENT OF TRANSPORTATION
ADDENDUM to
Agreement 2006-16-163 for Primary Highway Improvement Projects
Recipient: Waterloo, Iowa
County: Black Hawk
Project Number: NHSX-63-6(69)--3H-07 (PE)
Agreement Number: 2006-16-163B
Staff Action Number: .j zoi5-D619
This addendum is entered into by and between the city of Waterloo, Iowa (hereinafter referred to as
Recipient) and the Iowa Department of Transportation (hereinafter referred to as the Department) in
accordance with Iowa Code Sections 28E.12 and 306A7 or 307.44.
Witnesseth; that
Whereas, the Recipient and the Department previously entered into the following agreements for the
project:
• Agreement 2006-16-163 for preliminary engineering for U.S. 63 from U.S. 218 north to Donald
Street
• Addendum 2006-16-163A for Transportation and Community System Preservation Program
(TCSP) funding received for the project;
• Agreement 02-07-HPPU-017 for Westfield Connection;
• Agreement 2008-16-181 for construction of U.S. 63/U.S. 218 interchange improvements;
• Agreement 2008-16-190 for construction from Newell Street north to Donald Street;
• Agreement 2010-1-139 for right of way acquisition for Newell Street north to Donald Street;
• Agreement 2010-16-204 for U.S. 63 corridor improvements from Franklin Street to Newell
Street;
• Agreement 2015-1-029 for right of way acquisition for Jefferson Street to Franklin Street; and
Whereas, this addendum reflects the current concept of the project; and
Now, therefore, it is agreed as follows:
1. Subsequent to execution of the aforementioned Agreements and Addendum the Recipient
received additional funding for the project. Agreement 2006-16-163 is hereby amended to
include the funding source referenced in Section 2 of this addendum.
2. The Recipient has received Federal funding through the Surface Transportation Program
(STP), which was continued by the Moving Ahead for Progress in the 21st Century (MAP -21),
Public Law 112-141, now codified at Section 133(b) of Title 23, United States Code (U.S.C.);
which are hereinafter referred to as STP funds. STP funds are available for construction,
reconstruction, rehabilitation, resurfacing, restoration and operational or safety improvement
projects on Federal -aid highways, bridges on any public road, and several other types of
projects, as specified in 23 U.S.C. 133(b). Federal -aid highways include all Federal Functional
Classifications, except for rural minor collectors or local roads.
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3. The Recipient shall receive reimbursement for costs of authorized and approved eligible
project activities from STP funds. The portion of the project costs reimbursed with STP funds
shall be limited to a maximum of either 80 percent of eligible costs (other than those
reimbursed with other Federal funds) or the amount stipulated in the Iowa Northland Regional
Transportation Authority current Transportation Improvement Program (TIP) and approved in
the current Statewide Transportation Improvement Program (STIP), whichever is Tess. Eligible
project activities will be limited to the following: construction, engineering, inspection, and right-
of-way acquisition. Under certain circumstances, eligible activities may also include utility
relocation or railroad work that is required for construction of the project.
4. The amount of STP funds received is $4,363,000. The Recipient intends to utilize $400,000 of
the funds in FY 2015. The remaining funds will be utilized throughout the coming fiscal years
as the Department develops further the plans for the U.S. 63 improvements.
5. If any part of this addendum is found to be void and unenforceable then the remaining
provisions of this addendum shall remain in effect.
6. This addendum is not assignable without the prior written consent of the Department.
7. It is the intent of both parties that no third party beneficiaries be created by this addendum.
8. In case of dispute concerning the terms of this addendum, 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 notice to the other party of their intent to seek
arbitration. The written notice must include a precise statement of the disputed question. The
Department and the Recipient 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.
9. This addendum shall be executed and delivered in two or more copies, each of which so
executed and delivered shall be deemed to be an original and shall constitute but one and the
same instrument.
10. This addendum, as set forth in the paragraphs above and the referenced exhibits; as well as
the unaffected provisions of previously executed Agreements and Addendums, constitutes the
entire agreement between the Department and the Recipient conceming this project.
Representations made before the signing of this agreement are not binding, and neither party
has relied upon conflicting representations in entering into this agreement. Any change or
alteration to the terms of this agreement must be made in the form of an addendum to this
agreement. Said addendum shall become effective only upon written approval of the
Department and Recipient.
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In witness whereof, each of the parties hereto has executed Addendum 2016-16-163B as of the date
shown opposite its signature below.
City of Wator)oo, Iowa:
kJ
Date Dec r , 20•
, certify that I am the Clerk of the City, and that
-ri-ri-1- (, . (J- h , who signed said Agreement for and on behalf of the City was duly
authorized to execute the same by virtue of a formal Resolution duly passed and adopted by the City,
on the 29 day of ®. a\arLi , 20 J L4
Signed Date co_x N\osar 472, 20 1 L
City Clerk ofWaterioo, Iowa
Iowa Department of Transportation:
By: ,�"� /® Date //.S'o , 20 lr .
E. Jon anney
District 2 Engineer
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