HomeMy WebLinkAboutIDOT Agreement Addendum Park Ave Bridge 8.30.21 September 2019
IOWA DEPARTMENT OF TRANSPORTATION
Addendum to Agreement No. 2-20-CHBP-005
for a Competitive Highway Bridge Program (CHBP) Project
Recipient: City of Waterloo
Project No: BRM-CHBP-8155(770)--NB-07
BRM-CHBP-8155(771)--NB-07
Iowa DOT Agreement No: 2-20-CHBP-005-A
CFDA No. and Title: 20.205 Highway Planning and Construction
This addendum between the City of Waterloo, Iowa (hereinafter referred to as the Recipient) and the Iowa
Department of Transportation (hereinafter referred to as the Department). Iowa Code Sections 306A.7 and 307.44
provide for the Recipient and the Department to enter into agreements with each other for the purpose of financing
transportation improvement projects on streets and highways in Iowa with Federal funds.
The Competitive Highway Bridge Program (CHBP)funding was made available by Division L of the Consolidated
Appropriations Act, 2018, which appropriated $225 million to be awarded by the United States Department of
Transportation for a competitive highway bridge program. Federal funds are available for replacement or
rehabilitation of specific bridges, which were included in the grant application and made a part of Iowa's $33,442,000
Grant Award. The highway bridge replacement or rehabilitation projects included in the grant application demonstrate
cost savings by the bundling of multiple highway bridge projects. Federal-aid Swap Highway Bridge Program (HBP)
funds are also available, under 761 Iowa Administrative Code (IAC) Chapter 161.
The DOT and the Recipient previously entered into the following agreement for the above referenced project:Agreement
No. 2-20-CHBP-005 was executed by the Recipient and the DOT on April 6, 2020, and April 8, 2020, respectively; and
Pursuant to the terms of this agreement, applicable statutes, and administrative rules, the Department agrees to
provide Competitive Highway Bridge Program funding to the Recipient for the authorized and approved costs for
eligible items associated with the project.
Under this agreement, the parties further agree as follows:
1. 80% of the eligible construction project costs incurred after the effective date of this agreement shall be paid
from CHBP funds up to a maximum of$3,413,750 for(770) and $3,413750 for(771), which is 55% of the
construction cost estimate at the time of grant application submittal. The Recipient shall receive
reimbursement for costs of authorized and approved eligible project activities from CHBP funds, but at no
time will the CHBP reimbursed amount exceed $3,413,750 for(770) and $3,413750 for(771).
2. Eligible construction project costs incurred after the effective date of this agreement shall be paid from
Federal-aid Swap HBP Funds, as outlined in 761 IAC Chapter 161 and Local Systems Instructional
Memorandum (I.M. 1.100, up to a maximum of$2,836,250 for(770)and $2,836,250 for(771). The Recipient
shall receive reimbursement for costs of authorized and approved eligible project activities from Federal-aid
Swap HBP funds, but at no time will the Federal-aid Swap HBP reimbursed amount exceed $2,836,250 for
(770) and $2,836,250 for(771).
3. The Recipient shall pay for all project costs not reimbursed with CHBP funds or Federal-aid Swap HBP funds.
4. The Recipient shall let the project for bids through the Department. The project(s) shall have all necessary
clearances in place in order to be authorized by FHWA on or before September 21, 2021, and let to contract
by October 31, 2021.
5. It is the intent of both (all) parties that no third party beneficiaries be created by this Addendum.
6. If any section, provision, or part of this Addendum shall be found to be invalid or unconstitutional, such finding
shall not affect the validity of the Addendum as a whole or any section, provision, or part thereof not found to
be invalid or unconstitutional, except to the extent that the original intent of the Addendum cannot be fulfilled.
7. All previously executed agreement(s) and or addendum(s)will remain in effect except as amended herein.
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8. This Addendum, as well as the unaffected provisions of any previous agreement(s), addendum(s), and/or
amendment(s); represents the entire Agreement between the Recipient and DOT 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 Addendum will be in the form of a duly executed amendment to this document.
IN WITNESS WHEREOF, each of the parties hereto has executed this agreement 2-20-CHBP-005-A as of the date
shown opposite its signature below.
City Signature Block
By �'� "' H`r Date August 30 20 21
Mayor
Title of city official
Kelley Felchle certify that I am the City Clerk of Waterloo, and
that Quentin Hart 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 30th
day of August -' 20 21
Signed y1t �44 " ` Date August 30 12021
City Clerk of Waterloo, Iowa
IOWA DEPARTMENT OF TRANSPORTATION
Highway Administration
By Date 20
Nicole Moore, P.E.
Director, Local Systems Bureau