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HomeMy WebLinkAboutIowa DOT-5/2/2016 - Addendum to Amnt No. 2016-6-105December 2010 'lease return cis copy w: City Clerk & Finance Dept. 715 Mulberry St. Waterloo, IA 50703 IOWA DEPARTMENT OF TRANSPORTATION Addendum to Agreement No. 2016-6-105 County City Project No. Iowa DOT Addendum No. Staff Action No. Black Hawk Waterloo NHSN-218-7(231)--2R-07 2016-6-105A This Addendum, is entered into by and between the Iowa Department of Transportation, hereinafter designated the "DOT', and the city of Waterloo, Iowa, a Local Public Agency, hereafter designated the "LPA" in accordance with Iowa Code Chapters 28E, 306, 306A and 313.4 and 761 Iowa Administrative Code Chapter 150 as applicable; The DOT proposes to establish or make improvements to U.S.218 within Black Hawk County, Iowa; and The DOT and the LPA are willing to jointly participate in said project, in the manner hereinafter provided; and The DOT and the LPA previously entered into the following agreement(s) for the above referenced project: Agreement No. 2016-6-105 for construction was executed by the DOT and LPA on January 25, 2016 and January 11, 2016 respectively; and Subsequent to execution of the above referenced Agreement it was determined that changes were needed to the curb and gutter work. This Addendum reflects the current concept of this project which is subject to modification by mutual agreement between the LPA and the DOT; and Now, therefore, it is agreed as follows: 1. The costs listed on Exhibit A of Agreement 2016-6-105 are here by amended to the following: Let Project Quantities & Costs Item Curb Removal 2.5 -foot PCC Curb & Gutter 3.5 -foot PCC Curb & Gutter SW -508 Intake Top SW -510 Intake Top Removal of Existing Structures % LPA Responsibility 26% 29% 22% 100% 100% 100% Quantity 10.93 STA 615 LF 478 LF 10 EA 9 EA 1 LS Awarded Unit Cost $900.00 $75.00 $95.00 $3,800.00 $4,900.00 $20,000.00 Let Project cost (100% LPA) TOTAL Let Project cost (100% LPA) General Provisions LPA Cost $2,557.62 $13,376.25 $9,990.20 $38,000.00 $44,100.00 $20,000.00 $128,024.07 $128,024.07 2. If the LPA has completed a Flood Insurance Study (FIS) for an area which is affected by the proposed Primary Highway project and the FIS is modified, amended or revised in an area affected by the project after the date of this Agreement, the LPA shall promptly provide notice of the modification, amendment or revision to the DOT. If the LPA does not have a detailed Flood Insurance 2016-6-105A Waterloo (3) 1 December 2010 Study (FIS) for an area which is affected by the proposed Primary Highway project and the LPA does-- — adopt an FIS in an area affected by the project after the date of this Agreement, the LPA shall promptly provide notice of the FIS to the DOT. 3. The LPA will comply with all provisions of the equal employment opportunity requirements prohibiting discrimination and requiring affirmative action to assure equal employment opportunity as required by Iowa Code Chapter 216. No person will, on the grounds of age, race, creed, color, sex, sexual orientation, gender identity, national origin, religion, pregnancy, or disability, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which State funds are used. 4. It is the intent of both (all) parties that no third party beneficiaries be created by this Addendum. 5. 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. 6. This Addendum may be executed in (two) counterparts, each of which so executed will be deemed to be an original. 7. 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 LPA 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 Agreement will be in the form of a duly executed amendment to this document. IN WITNESS WHEREOF, each of the parties hereto has executed Addendum No. 2016-6-105A as of the date shown opposite its signature below. CITY OF WATERLOO: By: QJ- (7 - Title: Mayor Date ,20I L. , certify that I am the Clerk of the City, and that , who signed said Addendum for and on behalf wd of the City was dulyxttrized to execute the same on the " day of , 20 1 it? Signed: City Clerk A <<.2.4%.3 of Waterloo, Iowa. IOWA DEPART ENT OF TRANSPORTATION: By: ' �+ Date E. n Ranney District Engineer District 2 2016-6-105A_Waterloo (3) 2 ,20/'t December 2010 eaNr rnis copy to: City Cleik St Finance Dept. 715 Mulberry St. 1Wa,rrloo, IA 50703 IOWA DEPARTMENT OF TRANSPORTATION Addendum to Agreement No. 2016-6-105 County City Project No. Iowa DOT Addendum No. Staff Action No. Black Hawk Waterloo NHSN-218-7(231)--2R-07 2016-6-105A 5 " ZA (Ca- 088 E This Addendum, is entered into by and between the Iowa Department of Transportation, hereinafter designated the "DOT", and the city of Waterloo, Iowa, a Local Public Agency, hereafter designated the "LPA" in accordance with Iowa Code Chapters 28E, 306, 306A and 313.4 and 761 Iowa Administrative Code Chapter 150 as applicable; The DOT proposes to establish or make improvements to U.S.218 within Black Hawk County, Iowa; and The DOT and the LPA are willing to jointly participate in said project, in the manner hereinafter provided; and The DOT and the LPA previously entered into the following agreement(s) for the above referenced project: Agreement No. 2016-6-105 for construction was executed by the DOT and LPA on January 25, 2016 and January 11, 2016 respectively; and Subsequent to execution of the above referenced Agreement it was determined that changes were needed to the curb and gutter work. This Addendum reflects the current concept of this project which is subject to modification by mutual agreement between the LPA and the DOT; and Now, therefore, it is agreed as follows: 1. The costs listed on Exhibit A of Agreement 2016-6-105 are here by amended to the following: Let Project Quantities & Costs % LPA Awarded LPA Item Responsibility Quantity Unit Cost Cost Curb Removal 26% 10.93 STA $900.00 $2,557.62 2.5 -foot PCC Curb & Gutter 29% 615 LF $75.00 $13,376.25 3.5 -foot PCC Curb & Gutter 22% 478 LF $95.00 $9,990.20 SW -508 Intake Top 100% 10 EA $3,800.00 $38,000.00 SW -510 Intake Top 100% 9 EA $4,900.00 $44,100.00 Removal of Existing Structures 100% 1 LS $20,000.00 $20,000.00 Let Project cost (100% LPA) $128,024.07 TOTAL Let Project cost (100% LPA) $128,024.07 General Provisions 2. If the LPA has completed a Flood Insurance Study (FIS) for an area which is affected by the proposed Primary Highway project and the FIS is modified, amended or revised in an area affected by the project after the date of this Agreement, the LPA shall promptly provide notice of the modification, amendment or revision to the DOT. If the LPA does not have a detailed Flood Insurance 2016-6-105A_Waterloo (3) 1 December 2010 Study (FIS) for an area which is affected by the proposed Primary Highway project and the LPA does adopt an FIS in an area affected by the project after the date of this Agreement, the LPA shall promptly provide notice of the FIS to the DOT. 3. The LPA will comply with all provisions of the equal employment opportunity requirements prohibiting discrimination and requiring affirmative action to assure equal employment opportunity as required by Iowa Code Chapter 216. No person will, on the grounds of age, race, creed, color, sex, sexual orientation, gender identity, national origin, religion, pregnancy, or disability, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which State funds are used. 4. It is the intent of both (all) parties that no third party beneficiaries be created by this Addendum. 5. 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. 6. This Addendum may be executed in (two) counterparts, each of which so executed will be deemed to be an original. 7. 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 LPA 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 Agreement will be in the form of a duly executed amendment to this document. IN WITNESS WHEREOF, each of the parties hereto has executed Addendum No. 2016-6-105A as of the date shown opposite its signature below. CITY OF WATERLOO: n By: Date ‘— `0.-t. Z Title: Mayor ,20t�. , certify that I am the Clerk of the City, and that UC_R-4--0h - &.r i , who signed said Addendum for and on behalf NA of the City was duly authorized to execute the same on the 2 day of � , 20 Signe ity Cl�tk et rlo Iowa. IOWA DEPARTMENT OF ANSPORTATION: By: Date i7' 7 , 20 /4° E. Joanne Y District Engineer District 2 2016-6-105A_Waterloo (3) 2